Showing posts with label Articles of War. Show all posts
Showing posts with label Articles of War. Show all posts

Tuesday, December 28, 2021

War Department, Adjutant General’s Office: General Orders, No. 27, March 21, 1862

General Orders, No. 27.}
WAR DEP'T, ADJUTANT GENERAL'S OFFICE,        
Washington, March 21, 1862.

The following Acts and Resolution of Congress are published for the information and government of all concerned:

I.—AN ACT to make an additional Article of War.

Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, That hereafter the following shall be promulgated as an additional Article of War for the government of the Army of the United States, and shall be obeyed and observed as such:

ARTICLE — All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court martial of violating this article shall be dismissed from the service.

SEC. 2. And be it further enacted, That this act shall take effect from and after its passage.

Approved March 13, 1862.

II. —AN ACT to provide for the appointment of sutlers in the volunteer service,
and to define their duties.

Be it enacted by the senate and House of Representatives of the United States of America in Congress assembled, That the inspector generals of the army shall constitute a board of officers, whose duty it shall be to prepare, immediately after the passage of this act, a list or schedule of the following articles which may be sold by sutlers to the officers and soldiers of the volunteer service, to wit: Apples, dried apples, oranges, figs, lemons, butter, cheese, milk, sirup, molasses, raisins, candles, crackers, wallets, brooms, comforters, boots, pocket looking glasses, pins, gloves, leather, tin wash basins, shirt buttons, horn and brass buttons, newspapers, books, tobacco, cigars, pipes, matches, blacking, blacking brushes, clothes brushes, tooth brushes, hair brushes, coarse and fine combs, emery, crocus, pocket handkerchiefs, stationery, armor oil, sweet oil, rotten stone, razor strops, razors, shaving soap, soap, suspenders, scissors, shoe strings, needles, thread, knives, pencils, and Bristol brick. Said list or schedule shall be subject, from time to time, to such revision and change as, in the judgment of the said board, the good of the service may require: Provided always, That no intoxicating liquors shall at any time be contained therein, or tbe sale of such liquors be in any way authorized by said board. A copy of said list or schedule, and of any subsequent change therein, together with a copy of this act, shall be, without delay, furnished by said board to the commanding officer of each brigade and of each regiment not attached to any brigade in the volunteer service, and also to the Adjutant General of the Army.

Sec. 2. And be it further enacted, That immediately upon the receipt from said board of said list or schedule and copy of this act by the commanding officer of any such brigade, the acting brigadier general, surgeon, quartermaster, and commissary of said brigade shall constitute a board of officers whose duty it shall be to affix to each article in said list or schedule a price for said brigade, which shall be by them forth with reported to the commanding officer of the division, if any, to which said brigade is attached, for his approval, with or without modification, and who shall, after such approval, report the same to the inspector generals, and the same, if not disapproved by them, shall be the price not exceeding which said articles may be sold to the officers and soldiers in said brigade. Whenever any brigade shall not be attached to a division, said prices shall then be reported directly to the inspector generals, and if approved by them shall be the price fixed for such brigade as aforesaid; and whenever any regiment shall be unattached to any brigade, the acting colonel, lieutenant colonel, major, and captains thereof shall constitute the board of officers by whom the price of said articles shall be fixed for said regiment in the same manner as is herein provided for an unattached brigade. The prices so fixed may be changed by said boards respectively from time to time, not oftener than once in thirty days, but all changes therein shall be reported in like manner and for the same purpose as when originally fixed.

SEC. 3. And be it further enacted, That it shall be the duty of the commanding officer of each brigade, immediately upon receipt of a copy of said list or schedule and copy of this act, as herein provided, to cause one sutler for each regiment in his brigade to be selected by the commissioned officers of such regiment, which selection shall be by him reported to the Adjutant General of the Army; the person so selected shall be sole sutler of said regiment. And the commanding officer of each unattached regiment shall, in like manner, cause a selection of a sutler to be made for said regiment, who shall be sole sutler of said regiment. Any vacancy in the office of sutler from any cause, shall be filled in the same way as an original appointment.

SEC. 4. And be it further enacted, That the sutlers chosen in the manner provided in the preceding section shall be allowed a lien only upon the pay of the officers, non-commissioned officers and privates of the regiment for which he has been chosen, or those stationed at the post to which he has been appointed, and for no greater sum than one-sixth of the monthly pay of each officer, non-commissioned officer or private, for articles sold during each month; and the amount of one-sixth or less than one-sixth of the pay of such officer, non-commissioned officer, or private, so sold to him by the sutler, shall be charged on the pay rolls of such officer, non-commissioned officer or private, and deducted from his pay, and paid over by the paymaster to the sutler of the regiment or military post, as the case may be: Provided, That if any paymaster in the service of the United States shall allow or pay any greater sum to any sutler than that hereby authorized to be retained from the pay of the officers, non-commissioned officers, musicians, and privates, for articles sold by any sutler during any one month, then the amount so allowed or paid by the paymaster shall be charged against the said paymaster and deducted from his pay and returned to the officer, non-commissioned officer, musician, or private, against whom the amount was originally charged. And any captain or lieutenant commanding a company who may certify any pay-roll bearing a charge in favor of the sutler against any officer, non-commissioned officer, musician, or private, larger or greater than one-sixth of the monthly pay of such officer, noncommissioned officer, musician, or private, shall be punished at the discretion of a court martial: Provided, however, That sutlers shall be allowed to sell only the articles designated in the list or schedule provided in this act, and none others, and at prices not exceeding those affixed to said articles, as herein provided: And provided further, That the sutlers shall have no legal claim upon any officer, non-commissioned officer, musician, or private, to an amount exceeding one sixth of his pay for articles sold during any month. He shall keep said list or schedule, together with a copy of this act, fairly written or printed, posted up in some conspicuous part of the place where he makes said sales, and where the same can be easily read by any person to whom he makes said sales.

Sec. 5. And be it further enacted, That it shall be the duty of the inspector generals to cause the place of sale and articles kept for that purpose, by said sutlers, to be inspected from time to time, once in fifteen days at least, by some competent officer, specially detailed for that duty, and such changes in said place, or in the quality and character of the articles mentioned in said list or schedule so kept, as shall be required by said officer, shall be conformed to by each sutler. And such officer shall report each inspection to the inspector generals.

Sec. 6. And be it further enacted, That no person shall be permitted to act as sutler unless appointed according to the provisions of this act; nor shall any person be sutler for more than one regiment; nor shall any sutler farm out or underlet the business of sutling or the privileges granted to him by his appointment; nor shall any officer of the army receive from any sutler any money or other presents; nor be interested in any way in the stock, trade, or business of any sutler; and any officer receiving such presents, or being thus interested, directly or indirectly, shall be punished at the discretion of a court martial. No Butler shall sell to an enlisted man on credit to a sum exceeding one-fourth of his monthly pay within the same month; nor shall the regimental quartermasters allow the use of army wagons for sutlers' purposes; nor shall the quartermasters' conveyances be used for the transportation of sutlers' supplies.

Sec. 7. And be it further enacted, That any sutler who shall violate any of the provisions of this act shall, by the colonel, with consent of the council of administration, be dismissed from the service, and be ineligible to a reappointment as sutler in the service of the United States.

Approved March 19, 1862.

III.—A RESOLUTION to authorize the Secretary of War to accept moneys appropriated by any State for the payment of its volunteers, and to apply the same as directed by such State.

Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, That if any State, during the present rebellion, shall make any appropriation to pay the volunteers of that State, the Secretary of War is hereby authorized to accept the same, and cause it to be applied, by the Paymaster General, to the payments designated by the legislative acts making the appropriation in the same manner as if appropriated by act of Congress; and also to make any regulations that may be necessary for the disbursement and proper application of such funds to the specific purpose for which they may be appropriated by the several States. Approved March 19, 1862.

BY ORDER OF THE SECRETARY OF WAR.
L. THOMAS, Adjutant General.

SOURCE: Thomas M. O'Brien & Oliver Diefendorf, General Orders of the War Department, Embracing the Years 1861, 1862 & 1863, Volume 1, p. 242-5

Monday, February 10, 2020

Diary of Private Daniel L. Ambrose: September 23, 1861

Articles of war read to-day; the law laid down, &c.

Battalion and company drill is now the order of the day. Colonel Babcock seems ambitious to make the Seventh a star in the battalion and company evolutions.

SOURCES: Daniel Leib Ambrose, History of the Seventh Regiment Illinois Volunteer Infantry, p. 15

Friday, January 13, 2017

Diary of 2nd Lieutenant John S. Morgan: Sunday, March 12, 1865

A. M. Inspection & Reading Articles of War to the company P. M. reading Fabiula, N. O. papers of 10th no news, this morning all the Gunboats lay in the cove, the firing was on some of the forts in the vicinity of Mobile. Service at 3 P. M. weather cool Genl Canby on the Pout this P. M. artillery practice today

SOURCE: “Diary of John S. Morgan, Company G, 33rd Iowa Infantry,” Annals of Iowa, 3rd Series, Vol. 13, No. 8, April 1923, p. 577

Monday, July 13, 2015

Lieutenant William Thompson Lusk to Elizabeth Adams Lusk, August 17, 1861

Maryland,
Camp Causten, Aug. 17th, 1861.
My dear Mother:

This has been a busy and painful week for the officers of the Highland Regiment. You have seen various accounts of our troubles in the papers, but they contain nothing authentic, although perhaps about as much as an outsider can understand. The mutiny of Thursday is only the legacy of a quarrel begun among the officers before the Regiment left for the seat of war. The quarrel ended after the battle of Bull Run, in the resignation of several of the officers whose ambition was disappointed as to governing the affairs of the Regiment. Not content with withdrawing their services, these men resolved to undermine the Regiment itself. Their plans were well laid. In an underhand way they conveyed papers among the men purporting that, as State Militia they were entitled to return home at the expiration of three months service, but that an effort would be made to detain them for the war. By going home, it was represented the men would receive a grand ovation, would meet their families, and be enabled to tell their tale of the Bull Run battle. Those who had had enough of fighting could resume their old employments, while the greater part who were ready to re-enlist for the war, would be entitled to the re-enlistment bounty of $30. A Government which would give $30 bounty for re-enlisted three month soldiers must place a high value upon them. “Now,” the men were told, “a secret plan has been formed to prevent your return home at all. Lieut.-Col. Elliott has received from Government $10,000.00 to sell you all for the war, and to cheat you of your rights and privileges.”Some little things occurred, which as far as the men were concerned, seemed corroborative of these statements, viz: — An order which had been issued by the Secretary of War for us to return to NewYork to recruit, was recalled as inexpedient on the day the three-month service of our men expired. This was sufficient for them. They believed they had been sold; and the train which had been carefully laid, exploded upon our being ordered, not into the boat for home, but onto the road into Maryland. Since the battle, owing to the loss through resignations or deaths, of our Colonel, Major and 9 of the 10 Captains, besides that of many of the Lieutenants, we were left in a condition peculiarly unfavorable to discipline; and this much is to be said that the companies of Captain Ellis (my own) and that of Captain Elliott, which were provided with officers, obeyed their orders, and refused to join the mutineers. The mutiny commenced in the morning by the men's refusing to strike their tents as commanded. They were to have been struck at 5 a.m. and the Regiment was to move at 6 o'clock. Col. Stevens repeated the orders, but they were still silently and sullenly neglected. He then went among the men and used all his powers of persuasion, but they had been told that they had the law on their side, and if they only persevered, they would be able to return home as a militia regiment. Col. Stevens next went to each company singly and read the articles of war, appending to them such remarks as would enforce in the men the danger of their course; but by this time, the camp, left without sentry, became exposed to the whiskey dealers who made good use of their opportunities. Soon a scene of the wildest confusion took place. The soldiers, throwing off all authority, presented the hideous and disgusting spectacle of a debauched and drunken Helotry. It was a time trying to one's nerves — more trying far than the musketry or cannonading of Bull Run. The Colonel ordered the officers to strike the tents themselves. This we did amid the jeers, the taunts, and the insults of an infuriated mob. One man brought me his gun, cocked it, showed me it was capped, and reminded me it was intended for one officer at least to die, should our release be attempted. Still we worked quietly on, obeying our orders. Some of the Lieutenants were allowed to take down the tents undisturbed, but on leaving them a moment, they were again pitched by the men. Everywhere we were threatened, and it became equally necessary to show neither fear of the men, nor, on the other hand, to allow ourselves any act of violence which would precipitate bloodshed. Luckily for us, when the men were most maddened by drink, an old country quarrel broke out among them, viz: — the feud between the Orangemen and the Ribandmen, which we only know of through English novels, and history. We were not, however, altogether forgotten. Names neither poetical, decent, or complimentary were freely bestowed upon us. Finally afternoon advanced, and nothing was gained. The Colonel called on the men for the last time to render obedience. Soberness and reflection had begun their work upon a few. These fell into their places, and were stationed around the Camp as a guard over the others. Still, though thus yielding, their sympathies were either extended to their mutinous comrades, or else they were too fearful to render much assistance. It was necessary for the officers to be everywhere, and I confess I was quite exhausted when a body of cavalry and a line of infantry appeared, coming toward us. This was a great relief. The mutineers, all unconscious, were surrounded, and, when it was too late to resist, obeyed the orders issued, a death penalty being promised to those who wavered. You have seen in the papers the punishment awarded to the Regiment — the taking of our colors and the disgrace from which we are suffering.

Dear Mother, I feel heartsick and much depressed. I begin to repent bitterly of having cast my lot with a foreign Regiment. Our men have not the feelings of Americans, and cannot, when a reverse comes, be inspired to renewed efforts by enthusiasm for the cause. I am eager for another battle in order that we may have an opportunity to regain our colors, yet dread to risk it now that our men are much demoralized. I wish old Connecticut had a place for me.

Col. Stevens, who is an able man, thinks though, in less than a month he can make us once more the finest Regiment in the field. These stories regarding the Lieut.Col. are simply absurd. I have just received a letter from you. I endorse fully the bravery of Gen'l Tyler. His chief fault was his paying the Connecticut Volunteers the high compliment of believing they could fight like veterans, a compliment not at all to the taste of the Connecticut boys.

Good bye, dear mother.

Love to sisters and all.
Affec'y.,
W. T. Lusk.
_______________

Note. — Dr. Lusk once said that at the time of the mutiny among the 79th Highlanders he had one of the narrowest escapes of his life. A drunken soldier pointed a rifle at his head and fired, but a friend seeing the danger, knocked the muzzle of the gun in the air, just in time to avert catastrophy. In narrating this episode Dr. Lusk remarked with characteristic modesty, “You know I never was very brave, but when the men refused to strike the tents, the officers had to do it themselves.”

SOURCE: William Chittenden Lusk, Editor, War Letters of William Thompson Lusk, p. 72-6

Wednesday, May 20, 2015

Colonel Charles Russell Lowell to Josephine Shaw, September 10, 1863

Centreville, Sept. 10, 1863.

I to-day had to call attention in a general order to the prevalence of profanity in the command, and at the same time to add that perhaps I had not set them a good example in this respect. I don't swear very much or very deep, — but I do swear, more often at officers than men, and there is a great deal of swearing in the regiment which I wish to check: of course, I shall stop it in myself entirely; I shall enforce the Articles of War if necessary. . . .

I think we must make up our minds to a long war yet, and possibly to a war with some European power. For years to come, I think all our lives will have to be more or less soldierly, — i. e. simple and unsettled; simple because unsettled.

SOURCE: Edward Waldo Emerson, Life and Letters of Charles Russell Lowell, p. 301

Sunday, September 28, 2014

Speech Of James W. Grimes On The Surrender Of Slaves By The Army, April 14, 1862

April 14, 1862.

It is, of course, to be expected that there will be great differences of opinion among the friends of the Government as to the manner in which the present war should be conducted. Such differences are the natural results of our various domestic institutions, systems of education, modes of thought, degrees of civilization, and of individual opinions of the necessities of our situation. But there are certain great fundamental principles upon which, one would think, all ought to agree. We certainly ought to do nothing and suffer nothing to be done calculated in any degree to repel or paralyze the efforts of our friends at home, who are doing everything in their power to encourage and sustain the soldiers in the field. While inculcating the necessity of the strictest obedience to military duty, it should be constantly borne in mind that ours are a citizen soldiery, soon to return to the bosom of civil society, and that the performance of no unsoldierly duty should be required of them that would be calculated to impair their self-respect, diminish their regard for their officers, incite them to rebel against discipline, or taint their reputations at home. It must not be expected that the natural instincts of humanity will be stifled by military orders, and surely our soldiers should not be required to assist in the perpetration of acts against which every enlightened sentiment of their hearts revolts. One would think that all men would agree in pronouncing that a cruel and despotic order, which repeals the divine precept, “Inasmuch as ye did it not to one of the least of these ye did it not to me,” and arbitrarily forbids the soldier to bestow a crust of bread or a cup of water upon a wretched, famishing fugitive escaping from our own as well as from his enemy. Yet, I grieve to say there are those high in rank in the service of the United States who have sought to break down the spirit of manhood, which is the crowning glory of true soldiers, by requiring them to do acts outside of their profession which they abhor, and to smother all impulses to those deeds of charity which they have been taught to believe are the characteristics of Christian gentlemen.

It was known to the country at an early day after the commencement of the war, that some military commanders were abusing the great power intrusted to them, and were employing the Army to assist in the capture and rendition of fugitive slaves, not in aid of any judicial process, but in obedience to their own unbridled will. The effect of this assumption of unauthorized power was to incite the soldiery to disobedience, and to arouse the people to the necessity of proper legislative restraints. It was in compliance with the popular sentiment on this subject that Congress enacted the additional article of war, which was approved on the 13th of March last, and which declared that “all officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by court-martial of violating this article shall be dismissed from the service.”

It was intended by this article to prevent the military service from becoming odious to the people who support the war, and degrading to those who have volunteered to fight under our banners. It simply declares that the Army of the United States shall not be perverted from the legitimate use for which it was raised, while it interferes in no degree with the claim of any man to a person alleged to be a slave; it leaves questions of that character to be settled, and rights of that description to be enforced, by other than the military authority. The intention of those who voted for this article was not to abridge any man's rights, but to leave every one to his legal remedies as though no war existed.

How is this new article of war enforced? It has been promulgated to the army it is true. It may not be openly and avowedly violated. Soldiers may not hereafter be required to actually perform the humiliating office of fastening manacles upon the limbs of persons said to be slaves, nor to escort them to the residences of their masters; but the experience of the last few days has taught us that, notwithstanding the new article of war, our military officers suffer their camps to be invaded by armed detachments of slave-hunters, without the support of any process of law, who there attempt to shoot, maim, and kill with impunity those whom they claim to be slaves, while our soldiers are required to stand indifferently by and witness the inhuman work.

How long, think you, will this method of dealing with the rebels be endured by the freemen of this country? Are our brothers and sons to be confined within the walls of the tobacco-warehouses and jails of Richmond and Charleston, obliged to perform the most menial offices, subsisted upon the most stinted diet, their lives endangered if they attempt to obtain a breath of fresh air, or a beam of God's sunlight at a window, while the rebels, captured by these very men, are permitted to go at large upon parol[e], to be pampered with luxuries, to be attended by slaves, and the slaves guarded from escape by our own soldiers?

In the month of February last, an officer of the Third Regiment of Iowa Infantry, stationed at a small town in Missouri, succeeded in capturing several rebel bridge-burners, and some recruiting officers belonging to Price's army. The information that led to their capture was furnished by two or three remarkably shrewd and intelligent slaves, claimed by a lieutenant-colonel in the rebel army. Shortly afterward the master dispatched an agent with instructions to seize the slaves and convey them within the rebel lines, whereupon the Iowa officer seized them and reported the circumstances to headquarters. The slaves soon understanding the full import of General Halleck's celebrated Order No. 3, two of them attempted an escape. This was regarded as an unpardonable sin. The Iowa officer was immediately placed under arrest, and a detachment of the Missouri State militiamen, in the pay of the Government and under the command of General Halleck, were sent in pursuit of the fugitives. The hunt was successful. The slaves were caught and returned to their traitor master, but not until one of them had been shot by order of the soldier in command of the pursuing party.

Mr. President, how long shall we permit such conduct as this to go unrebuked? Does any one suppose that the people will quietly submit to the imposition of taxes to support a State militia in the field that is to be employed in the capture of slaves for the benefit of officers in the rebel army? Is it supposed that the Senators from Iowa will silently, patiently permit the gallant officers from that State to be outraged in the manner I have described?

It is quite time that some definite policy should be established for the treatment of escaped slaves; and I am of the opinion that Congress has been grossly derelict in permitting the evil to go so long unregulated and unchecked. We have almost as many diverse systems of dealing with this class of persons as we have military departments. In one, fugitive slaves have been pursued, flogged, and returned to their masters by our army; in another, they have been simply pursued and returned without flogging; in another, they have been pursued and shot in the attempt to return them; in another, they have been termed “contraband,” and received within our lines in the mixed character of persons and property. In the absence of any authoritative declaration of Congress, none of these modes may be held to be in conflict with law, other than the law of common-sense and common decency.1

It is obvious that the article of war which I have quoted does not meet the case presented by Major-General Halleck in his Order No. 3. That celebrated manifesto declares in substance that all persons from the enemy's country shall be excluded from our lines. The plain purpose of the order is to prohibit fugitive slaves escaping from the rebellious district, and thereby securing freedom. It was doubtless competent for General Halleck to issue such an order, and it is equally competent for Congress, which has made and continues to make articles of war for the government of the army and navy, to countermand it. And it ought to be countermanded. I will not pause to discuss the humanitarian features of the question. Public policy, no less than popular feeling, demands that Order No. 3 be forever erased. There never was a war waged in the history of the world where the means of acquiring information of the enemy's position and numbers were more ample than here, and there never was one where the commanding officers have suffered more from lack of such information. Order No. 3 proposes to incorporate the fatuity and blindness which remained unwritten in other military departments into an historical record and a public advertisement. It proposes to warn all persons against bringing information of the enemy's movements to our camps, under penalty of being turned back to receive such punishment as the enemy may choose to inflict for betraying them, or for running away and betraying combined. No organization of secret service can meet all the requirements of an army operating in an enemy's country, unless aided by some portion of the inhabitants of the country. What folly, then, to wall out and repel the very inhabitants who might bring us the information we most need, and who have everywhere shown an eagerness to do so!

It is the undoubted right and the duty of every nation, when engaged in a righteous war — and no other than a righteous war is justifiable at all — to avail itself of every legitimate means known to civilized warfare to overcome its enemies. What will be thought by posterity of this nation, if, in the present emergency, we not only fail to employ the agencies which Providence seems to have placed at our disposal, but actually seek every opportunity to exasperate and drive from our support those who are anxious to serve us? Were the Russian nobles now engaged in a rebellion against their Government, would we not regard their emperor as guilty of the greatest folly, if he not only declined to enlist the serfs of his empire to aid in suppressing the insurrection, but repelled them from his service and allowed his generals to return them to his rebellious nobles, to be used by them in overthrowing his authority? And can anyone tell me the difference between the case I have put and our own?

The whole history of the world does not exhibit a nation guilty of such extreme fatuity as has marked the conduct of our Government in its treatment of the colored population since the present war began. It seems to be impossible to convince ourselves that war, with all of its attendant responsibilities and calamities, really exists, and that future generations will not hold those guiltless who refuse to use any of the means which God has placed in their hands to bring it to a speedy and successful termination. History will pronounce those men criminal who, in this crisis of the nation's fate, consult the prejudices of caste or color, and regard the interests of property of paramount importance to the unity of the nation.

It is useless to attempt to blink out of sight the great issues before us — issues that must be settled, and settled by us. It were wiser and more manly to meet them squarely and at once. We are in the midst of the greatest revolution that ever occurred in ancient or modern times. Such armies as are now marshaled in hostile array on this continent, in point of numbers, equipment, and expense, have been hitherto unknown in the annals of mankind. We are imposing burdens in the form of taxes that will be felt by unborn generations. We are suffering much now; we expect and are willing to suffer more. And why? Because we desire to preserve the integrity of our nation; because we believe that Heaven designed us to be one people with one destiny; the freest and happiest on earth. It was to preserve that unity of our national existence that our sons and brothers have gone forth to do battle. For this it was that the gallant men of Iowa have freely, triumphantly, laid down their lives at Wilson's Creek, Blue Mills, Belmont, Fort Donelson, Pea Ridge, and Pittsburg. And shall we, after these great sacrifices of life and treasure, hesitate about employing any of the instrumentalities in aid of the country that are known to civilized warfare? Shall we not be recreant to our high trust if we doubt or delay in this particular?

This war will go on until rebellion is subdued. Upon this point there need be no controversy. Rely upon it, the Northwestern States will submit to no temporizing or compromising policy. They are too much in earnest; they have suffered too much already; they know too well what they would be compelled to suffer in the future to allow treason to go unpunished. It is because they desire to prevent the recurrence of the rebellion that they demand that it shall now be thoroughly crushed out. Among things necessary to be done to fully accomplish this purpose, we must conquer and hold all the forts and strong positions on the South Atlantic and Gulf coasts. How shall they be garrisoned when captured? This is a question we shall soon be compelled to answer; and I am prepared for its solution. I answer it unhesitatingly that we should garrison them, in whole or in part, by soldiers of African descent; that instead of returning slaves to their rebel masters to fight against us, we should employ them in our own military service.

I know very well that this proposition encounters at once all the prejudices that have been engendered by differences of race, education, and social position; but let us look at it a moment soberly and practically. It is assumed as admitted by all that the Southern forts must be captured and strongly garrisoned for some years to come. They are situated in a warm and enervating climate, and the particular location of nearly all of them renders them more than usually unhealthy, even for that section of the country. In addition to the forts already established, we shall be compelled to build new ones. The rebels rely upon the diseases of their climate to decimate our Northern army in the summer and autumnal months; and their confidence is well placed. Our troops will wither before the fevers of the Gulf coast as vegetation does before the blast of the sirocco. Now, we have in our midst thousands of hardy, athletic colored men, fitted by nature to endure the heat and miasma of the tropics, and some of them accustomed to it, who are panting to be employed in the capacity of soldiers. Many of them having been in a state of bondage, have been abandoned by their masters, and are now thrown upon us for support. Some of them were forced by our enemies into their military service, and have deserted from it. They implore our protection, and we must give it, if we would not become a “scorn and derision” among the nations of the earth. They have shown on divers occasions, both on sea and land, that they belong to a warlike race. They are obedient and teachable. They can be subsisted much cheaper than white soldiers, can perform more labor, and are subject to fewer diseases in a warm climate.

Now, with these facts before us, shall we refuse to employ them? What substantial reason can be given for not doing so? Is it because they have not the proper capacity for command? Then give them white officers, as is done by the British Government to the same race, by the French Government to the Arabs, and by the Russian Government to the Tartars and other semi-barbarous soldiers within that empire. Is it because they do not possess the average courage of soldiers? In addition to the testimony in disproof of this, furnished a few days ago by the Senator from Massachusetts (Mr. Wilson), I refer you to your vessels-of-war, where you have hundreds of these men employed, and none more valiant. Is it because they are not obedient to command? The whole history of the race shows the contrary, for, if there is any one thing for which they are remarkable more than another, it is their confiding submission to the will of their superiors. Is it said that we have white soldiers enough for all of our purposes? True, we have a large army, composed of men of unsurpassed valor and patriotism, who, if we require it, will sacrifice their lives for their country, whether by the sword or by disease; but I would, if I could, recall a portion of them to their homes and to the industrial pursuits of life. Am I told that the enrollment of a few colored soldiers will be regarded by the Army as humiliating to them? Mr. President, those public men fail to comprehend the character of American soldiers who suppose that they are fighting for mere military glory, or that in this critical hour they are controlled by ignoble prejudice against color or race. They are citizens and taxpayers as well as soldiers. They want the rebellion speedily crushed and the supreme authority of the law established, leaving social and political questions to be settled afterward. They feel that the desertion of every colored soldier, artificer, or laborer, from the rebellious States, withdraws aid and support from the rebellion, and brings it so much nearer to an end. They cannot understand, nor can I, that refined casuistry that justifies us in converting the enemy's horse or ox to our use, and in turning their inanimate engines of destruction against themselves, but denies to us the right to turn their slaves, their animate hostile engines in human form, to the same purpose. They cannot imagine why it is that some gentlemen are so willing that men of the African race should labor for them, and so unwilling that they should fight for them.

What a wonderful difference of action and sentiment there is on this subject between the officers of the Army and Navy! While officers of the Army have disgraced themselves, annoyed and incensed their subordinates, dishonored the country, and injured the public service, by the promulgation of their ridiculous orders about slaves, no officer of the Navy, thank God, has ever descended to follow their example. Their noble, manly, generous hearts would revolt at the idea of having imposed upon them the humiliating duty of capturing and returning fugitive slaves. They serve their country, not rebel slave-owners. They think that duty to the country requires them to avail themselves of the services of these people, instead of driving them back to their masters, or suffering them to starve; and they act upon this conviction. At the taking of Hatteras, one of the large guns of the Minnesota was wholly manned and worked by persons called “contrabands,” and no gun on the ship was better served. These people are, it is well known, remarkable for the proficiency they soon acquire as cannoneers. On the same ship is a boat’s crew, every one of whom, including the cockswain, is a colored man, and there are none more skillful, or render more satisfactory service to the officers of the vessel. The whole country knows the services rendered by them to Commodore Du Pont and to the vessels under his command. They have acted as pilots, and in the most important positions, and I have the authority of the two superior officers of that fleet for saying that they have never been deceived or misled by any one of them. I am convinced that our expedition to the South Atlantic coast would not have been so perfect a success as it has been but for the slaves found there, and who were employed by our naval officers. There are more or less of them on all our vessels-of-war. They are efficient men, and their presence produces no discord among the crews.

Mr. President, I wish to be distinctly understood. I advocate no indiscriminate arming of the colored race, although I frankly confess that I would do so were it necessary to put down the rebellion. I do not favor this proposition merely because of its antislavery tendency. I approve it because it will result in a saving of human life, and in bringing the rebellion to a speedier termination. It is my business to aid in bringing this war to a close by conquering an unconditional peace in the least expensive and speediest manner possible. Acting upon this idea of my duty, and believing that humanity and the best interests of the country require the enrollment of a few colored regiments for garrisoning the Southern forts, I shall vote, whenever an opportunity shall be afforded me, for converting a portion of the colored refugees into soldiers, instead of forcing them back into servitude to their rebel masters and their rebel government. We may hesitate to do this. Our hesitation will cost us the valuable lives of many of our own race who are near and dear to us. Our hesitation to use the means which Providence seems to have placed in our hands for crushing the rebellion may carry desolation to many a loyal hearthstone. But we must adopt this policy sooner or later, and, in my opinion, the sooner we do it the better. The rebels have this day thousands of slaves throwing up intrenchments and redoubts at Yorktown, and thousands of them performing military duty elsewhere; and yet we hesitate and doubt the propriety of employing the same race of people to defend ourselves and our institutions against them. Mr. President, how long shall we hesitate?
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1 “Up to that date (July, 1862), neither Congress nor the President had made any clear, well-defined rules touching the negro slaves, and the different generals had issued orders according to their own political sentiments.” — Memoirs of General W. T. Sherman, written by Himself, Vol. I, p. 285.

SOURCE: William Salter, The Life of James W. Grimes, p. 184-93

Thursday, January 16, 2014

War Department General Orders, No. 139

GENERAL ORDERS No. 139.

WAR DEPT., ADJT. GENERAL'S OFFICE,
Washington, September 24, 1862.

The following proclamation by the President is published for the information and government of the Army and all concerned:


BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

I, Abraham Lincoln, President of the United States of America, and Commander-in-Chief of the Army and Navy thereof, do hereby proclaim and declare that hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and each of the States, and the people thereof, in which States that relation is or may be suspended or disturbed.

That it is my purpose upon the next meeting of Congress to again recommend the adoption of a practical measure tendering pecuniary aid to the free acceptance or rejection of all slave States, so called, the people whereof may not then be in rebellion against the United States, and which States may then have voluntarily adopted, or thereafter may voluntarily adopt, immediate or gradual abolishment of slavery within their respective limits; and that the effort to colonize persons of African descent, with their consent, upon this continent or elsewhere, with the previously obtained consent of the governments existing there, will be continued.

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

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

That attention is hereby called to an act of Congress entitled "An act to make an additional Article of War," approved March 13, 1862, and which act is in the words and figures following:
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the following shall be promulgated as an additional article of war for the government of the Army of the United States, and shall be obeyed and observed as such:

“ARTICLE –. All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor who may have escaped from any persons to whom such service or labor is claimed to be due; and any officer who shall be found guilty by a court martial of violating this article shall be dismissed from the service.

"SEC. 2. And be it further enacted, That this act shall take effect from and after its passage."

Also, to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following:

"SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the Government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons, or deserted by them and coming under the control of the Government of the United States; and all slaves of such persons found on [or] being within any place occupied by rebel forces and 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."

And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States to observe, obey, and enforce, within their respective spheres of service, the act and sections above recited.

And the Executive will in due time recommend that all citizens Of the United States who shall have remained loyal thereto throughout the rebellion shall (upon the restoration of the constitutional relation between the United States and their respective States and people, if that relation shall have been suspended or disturbed) be compensated for all losses by acts of the United States, including the loss of slaves.

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

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

ABRAHAM LINCOLN.
By the President:

WILLIAM H. SEWARD,
Secretary of State.

By order of the Secretary of War:
L. THOMAS,
Adjutant-General.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 2 (Serial No. 123), p. 594-5

Wednesday, June 26, 2013

United States Articles of War: Article 102

Additional article of war approved March 13, 1862.

ARTICLE 102. All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor who may have escaped from any persons to whom such service or labor is claimed to be due; and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service.

SECTION 2. That this act shall take effect from and after its passage.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 1 (Serial No. 114), p. 810