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or soldier shall impress or force to labor, for any shall dissuade, hinder, prevent, or endeavor to private purpose whatever, any negro; and negro prevent or hinder any negro from enlisting; or labor shall not be impressed or forced for any who shall insult, abuse, ridicule, or interfere with, public purpose, unless under orders from these for the purpose of casting ridicule or contempt headquarters, or because of imperative military upon colored troops, or individual soldiers, benecessity, and where the labor of white citizens cause they are colored, shall be deemed to be, would be compelled, if present. And any order and held liable under the several acts of Conof any officer compelling any labor by negroes gress applicable to this subject, and be punished or white citizens shall be forthwith reported to with military severity for obstructing recruiting. these headquarters, and the reasons which call- Eleventh. In consideration of the ignorance and ed for the necessity for such order be fully set helplessness of the negroes, arising from the conforth.

dition in which they have been heretofore held, it In case of a necessity compelling negro or becomes necessary that the Government should white labor for the purpose of building fortifica- exercise more and peculiar care and protection tions, bridges, roads, or aiding transportation or over them than over its white citizens, accusother military purpose, it shall be the duty of tomed to self-control and self-support, so that the Superintendent of Negroes in that district their sustenance may be assured, their rights reto cause employment-rolls to be made of those spected, their helplessness protected, and their so compelled to labor, and to present said rolls, wrongs redressed ; and, that there be one system as soon as the necessity ceases, to the Assistant of management of negro affairs, Quartermaster of the district, that the laborers It is ordered: That Lieutenant-Colonel J. Burnmay be paid ; and the Superintendent shall see ham Kinsman, A. D. C., be detailed at these that those that labor shall have proper subsist- headquarters, as General Superintendent of Ne. ence, and may draw from the Commissary of gro Affairs in this department, to whom all reSubsistence rations therefor. Any officer offend- ports and communications relating thereto, reing wilfully against the provisions of this order, quired to be sent to these headquarters, shall be will be dismissed the service, subject to the ap- addressed. He shall have a general superinproval of the President.

tendence over all the colored people of this deAnd no negro shall be impressed into military partment; and all other Superintendents of Neservice of the United States, except under orders gro Affairs shall report to Lieutenant-Colonel from these headquarters, by a draft, which shall Kinsman, who is acting for the Commanding equally apply to the white and colored citizens. General in this behalf.

Tenth. The theory upon which negroes are All the territory of Virginia south of the James received into the Union lines, and employed, River shall be under the superintendence of Capeither as laborers or soldiers, is, that every negro tain Orlando Brown, Assistant Quartermaster. able to work, who leaves the rebel lines, dimin- All the territory north of James River shall be ishes by so much the producing power of the under the superintendence of Captain Charles B. rebellion to supply itself with food and labor Wilder, Assistant Quartermaster. The District necessary to be done outside of military opera- of North Carolina shall be under the superintions, to sustain its armies ; and the United tendence of Rev. Horace James, Chaplain. States thereby gains either a soldier or a pro- Each Superintendent shall have the power to ducer. Women and children are received, be- select and appoint such Assistant Superintendcause it would be manifestly iniquitous and un-ents for such sub-districts in his district as may just to take the husband and father, and leave be necessary, to be approved by the Commandthe wife and child to ill-treatment and starvation. ing General; such appointments to be confirmed Women and children are also received when un- by the Commanding General. accompanied by the husband and father, because The pay of such assistant, if a civilian, shall the negro has the domestic affections in as strong in no case exceed the pay of a first-class clerk in a degree as the white man, and however far the quartermaster's department. South his master may drive him, he will sooner It shall be the duty of each Superintendent, or later return to his family.

under the direction of the General SuperintendTherefore it is ordered: That every officer and ent, to take care of the colored inhabitants of his soldier of this command shall aid, by every means district, not slaves, under the actual control of a in his power, the coming of all colored people loyal master in his district, (and in all questions within the Union lines; that all officers com- arising as to freedom or slavery of any colored manding expeditions and raids shall bring in person, the presumption shall be that the man, with them all the negroes possible, affording woman, or child is free or has claimed protection them transportation, aid, protection, and encour of the military authorities of the United States, agement. Any officer bringing or admitting ne- which entitles the claimant to freedom ;) to cause groes within his lines shall forthwith report the an accurate census to be taken of colored inhabsame to the Superintendent of Negro Affairs itants in his district, and their employments; to within his district, so they may be cared for and cause all to be provided with necessary shelter, protected, enlisted, or set to work. Any officer, clothing, food, and medicines; to see that all soldier, or citizen who shall dissuade, hinder, able to work shall have some employment, and prevent, or endeavor to hinder or prevent any that such employment shall be industriously negro from coming within the Union lines; or pursued; to see that in all contracts for labor or other things made by the negroes with white or recruitment of colored troops, and relating to persons the negro is not defrauded, and to annul the care and control of the negroes in this deall contracts made by the negroes which are un-partment, with any official organized body or conscionable and injurious, and that such contracts society, or any department or bureau of the Gov. as are fulfilled by the negro shall be paid ; to ernment, must be transmitted through these headtake charge of all lands and all property allotted, quarters, as by regulation all other military corturned over, or given to the use of the negroes, respondence is required to be done. whether by Government or by charity ; to keep Fifteenth. Courts-martial and courts of inquiry accurate accounts of the same, and of all expendi- in relation to all offences committed by, or against ture; to audit all accounts of the negroes against any of the colored troops, or any person in the seryGovernment, and to have all proper allowances ice of the United States connected with the care, made as well to the negro as the Government; or serving with the colored troops, shall have a and to have all claims put in train for payment majority of its members composed of officers in by the Government; to keep accurate accounts command of colored troops, when such can be of all expenses of the negro to the Government, detailed without manifest injury to the service. and of his earnings for the Government; to see All offences by citizens against the negroes, or that the negroes who have wrought on land fur- by the negroes against citizens-except of a high nished by the Government on shares shall have and aggravated nature-shall be heard and tried their just portion, and to aid in disposing of the before the provost-court. same for the best good of the negro and Govern- Sixteenth. This order shall be published and furment; to make quarterly returns and exhibits nished to each regiment and detached post within of all accounts of matters committed to them; the department - a copy for every commanding and to hold all moneys arising from the surplus officer thereof—and every commander of a comearnings of the negro over the expenditures by pany, or detachment less than a company, shall the United States, for the use and benefit of the cause the same to be read once, at least, to his negroes, under orders from these headquarters. company or detachment; and this order shall be

Twelfth. It appearing to the Commanding Gen- printed for the information of the citizens, once, eral that some of the labor done by the negroes at least, in each newspaper published in the dein this department remains unpaid-some for the partment. space of more than two years, although contracts | By command of Major-General BUTLER. were duly made by the proper officers of the Official. R. S. Davis, Government for the payment thereof - whereby

Major and Assistant Adjutant-General. the faith of the negro in the justice of the Gov. ernment is impaired, and the trust in its protection is weakened, it is ordered, that each Super

Doc. 21. intendent shall be a Commissioner, to audit all such accounts, procure evidence of their validity, MESSAGE OF JEFFERSON DAVIS. make out accurate pay-rolls, and return the same,

DELIVERED DECEMBER 7, 1863. so that they may be presented for adjustment to the proper departments. Provided, however, to the Senate and House of Representatives of that no sale of any such claim against the Gov-l the Confederate States : ernment shall be valid, and no payment shall be The necessity for legislative action, arising out made of any such claim, except in hand to the of the important events that have marked the person actually earning it — if he is within this interval since your adjournment, and my desire department-ör to his legal representative, if the to have the aid of your counsel on other matters person earning it be deceased.

of grave public interest, render your presence at Thirteenth. Religious, benevolent, and humane this time more than ordinarily welcome. Indeed, persons have come into this department for the but for serious obstacles to convoking you in excharitable purpose of giving to the negroes secular traordinary session, and the necessity for my own and religious instructions; and this, too, without temporary absence from the seat of government, any adequate pay or material reward. It is, there I would have invited you to an earlier meeting fore, ordered, that every officer and soldier shall than that fixed at the date of your adjournment. treat all such persons with the utmost respect;l Grave reverses befell our arms soon after your shall aid them by all proper means in their departure from Richmond. Early in July, our laudable avocations; and that transportation be strongholds at Vicksburgh and Port Hudson, tofurnished them, whenever it may be necessary gether with their entire garrisons, capitulated to in pursuit of their business.

the combined land and naval forces of the enemy. Fourteenth. As it is necessary to preserve uni- The important interior position of Jackson next formity of system, and that information shall be fell into their temporary possession. Our unsuchad as to the needs and the supplies for the negro, cessful assault on the post at Helena was followand as certain authorizations are had to raise ed, at a later period, by the invasion of Arkantroops in the department, a practice has grown up sas; and the retreat of our army from Little Rock of corresponding directly with the War and other gave to the enemy the control of the important Departments of the Government, to the manifest valley in which it is situated. injury of the service: It is, therefore, ordered, The resolute spirit of the people soon rose suThat all correspondence in relation to the raising perior to the temporary despondency naturally

resulting from these reverses. The gallant troops Chattanooga, where his imperilled position had so ably commanded in the States beyond the the immediate effect of relieving the pressure of Mississippi, inflicted repeated defeats on the in- the invasion at other points, forcing the concenvading armies in Louisiana and on the coast of tration, for his relief, of large bodies of troops Texas. Detachments of troops and active bodies withdrawn from the armies in the Mississippi of partisans kept up so effective a war on the valley and in Northern Virginia. The combined Mississippi River as practically to destroy its forces thus accumulated against us in Tennessee value as an avenue of commerce.

so greatly outnumbered our army as to encourage The determined and successful defence of the enemy to attack. After a long and severe Charleston against the joint land and naval op- battle, in which great carnage was inflicted on rations of the enemy, afforded an inspiring ex- him, some of our troops inexplicably abandoned ample of our ability to repel the attacks even of positions of great strength, and, by a disorderly the iron-clad fleet, on which they chiefly rely, retreat, compelled the commander to withdraw while on the Northern frontier our success was the forces elsewhere successful, and, finally, to still more marked.

retire with his whole army to a position some The able commander who conducted the cam- twenty or thirty miles to the rear. It is bepaign in Virginia determined to meet the threat- lieved that if the troops, who yielded to the asened advance on Richmond-for which the ene- sault, had fought with the valor which they had my had made long and costly preparations-by displayed on previous occasions, and which was forcing their armies to cross the Potomac and manifested in this battle on other parts of the fight in defence of their own capital and homes. lines, the enemy would have been repulsed with Transferring the battle-field to their own soil, he very great slaughter, and our country would have succeeded in compelling their rapid retreat from escaped the misfortune and the army the morti. Virginia, and, in the hard-fought battle of Get- fication of the first defeat that has resulted from tysburgh, inflicted such severity of punishment misconduct by the troops. In the mean time, as disabled them from early renewal of the cam- the army of General Burnside was driven from paign as originally projected. Unfortunately, all its field positions in Eastern Tennessee, and the communications on which our General relied forced to retreat from its intrenchments at Knoxfor receiving his supplies of munitions were in- ville, where, for some weeks, it was threatened terrupted by extraordinary floods, which so with capture by the forces under General Long. swelled the Potomac as to render impassable the street. No information has reached me of the fords by which his advance had been made, and final result of the operations of our commander, he was thus forced to a withdrawal, which was though intelligence has arrived of his withdrawal conducted with deliberation, after securing large from that place. trains of captured supplies, and with a constant While, therefore, our success in driving the but unaccepted tender of battle. On more than enemy from our soil has not equalled the expecone occasion the enemy has since made demon- tations confidently entertained at the commencestrations of a purpose to advance, invariably fol- ment of the campaign, his further progress has lowed by a precipitate retreat to intrenched lines been checked. If we are forced to regret losses on the approach of our forces.

in Tennessee and Arkansas, we are not without The effective check thus opposed to the ad-ground for congratulations on successes in Louisvance of invaders at all points was such as to iana and Texas. On the sea-coast he is exhausted afford hope of their early expulsion from portions by vain efforts to capture our ports; while, on of the territory previously occupied them, when the Northern frontier, he has in turn felt the the country was painfully surprised by the intel- pressure and dreads the renewal of invasion. ligence that the officer in command of Cumber- | The indomitable courage and perseverance of the land Gap had surrendered that important and people in the defence of their homes have been easily defensible pass without firing a shot, upon nobly attested by the unanimity with which the the summons of a force still believed to have Legislatures of Virginia, North-Carolina, and been inadequate to its reduction, and when reěn- Georgia have recently given expression to the forcements were within supporting distance and popular sentiment; and like manifestations may had been ordered to his aid. The entire garrison, be anticipated from all the States. Whatever including the commander, being still held as obstinacy may be displayed by the enemy in his prisoners by the enemy, I am unable to suggest desperate sacrifices of money, life, and liberty, in any explanation of this disaster, which laid open the hope of enslaving us, the experience of manEastern Tennessee and South-Western Virginia to kind has too conclusively shown the superior en. hostile operations, and broke the line of com- durance of those who fight for home, liberty, and munication between the seat of government and independence, to permit any doubt of the result. Middle Tennessee. This easy success of the enemy was followed by an advance of General

FOREIGN RELATIONS. Rosecrans into Georgia, and our army evacuated I regret to inform you that there has been no Chattanooga and availed itself of the opportunity improvement in the state of our relations with thus afforded of winning, on the field of Chicka- foreign countries since my message in January mauga, one of the most brilliant and decisive last. On the contrary, there has been a stiil victories of the war. This signal defeat of Gen- greater divergence in the conduct of European eral Rosecrans was followed by his retreat into nations from that practical impartiality which

alone deserves the name of neutrality, and their ister that "he had no expectation of seeing them action, in some cases, has assumed a character any more." positively unfriendly.

By proclamation, issued on the nineteenth and You have heretofore been informed, by com- twenty-seventh of April, 1861, President Lincoln mon understanding, the initiative in all action proclaimed the blockade of the entire coast of touching the contest on this continent had been the Confederacy, extending from the Potomac to left by foreign powers to the two great maritime the Rio Grande, embracing, according to the renations of Western Europe, and that the govern- turns of the United States Coast Survey, a coast ments of these two nations had agreed to take line of three thousand five hundred and fortyno measures without previous concert. The re- nine statute miles, on which the number of rivsult of these arrangements has, therefore, placed ers, bays, harbors, inlets, sounds, and passes, is it in the power of either France or England to one hundred and eighty-nine. The navy posobstruct at pleasure the recognition to which the sessed by the United States for enforcing this Confederacy is justly entitled, or even to prolong blockade was stated, in the reports communicatthe continuance of hostilities on this side of the ed by President Lincoln to the Congress of the Atlantic, if the policy of either could be pro- United States, to consist of twenty-four vessels moted by the postponement of peace. Each, of all classes in commission, of which half were too, thus became possessed of great influence in in distant seas. The absurdity of the pretension so shaping the general exercise of neutral rights of such a blockade, in the face of the authoritain Europe, as to render them subservient to the tive declaration of the maritime rights of neupurpose of aiding one of the belligerents, to the trals made at Paris in 1856, was so glaring, that detriment of the other. I referred, at your last the attempt was regarded as an experiment on session, to some of the leading points in the the forbearance of neutral powers, which they course pursued by professed neutrals, which be- would promptly resist. This conclusion was trayed a partisan leaning to the side of our ene- justified by the fact that the governments of mies ; but events have since occurred which in- France and Great Britain determined that it was duce me to renew the subject in greater detail necessary for their interests to obtain from both than was then deemed necessary. In calling to belligerents “securities concerning the treatment your attention the action of these governments, of neutrals.” In the instructions which “conI shall refer to the documents appended to Pre- fided the negotiations on this matter" to the sident Lincoln's messages, and to their own cor- British Consul at Charleston, he was informed respondence, as disclosing the true nature of that “the most perfect accord on this question their policy, and the motives which guided it. exists between Her Majesty's Government and To this course no exception can be taken, in- the Government of the Emperor of the French ;" asmuch as our attention has been invited to and these instructions were accompanied by a those sources of information by their official copy of the despatch of the British Foreign Ofpublication.

fice of the eighteenth May, 1861, stating that In May, 1861, the Government of her Britan- there was no difference of opinion between Great nic Majesty informed our enemies that it had not Britain and the United States as to the validity " allowed any other than an immediate position of the principles enunciated in the fourth article on the part of the Southern States," and assured of the declaration of Paris in reference to blockthem that the sympathies of this country (Great ades. Your predecessors of the provisional Britain) were rather with the North than with Congress had therefore no difficulty in proclaimthe South."

ing, nor I in approving, the resolutions which On the first day of June, 1861, the British abandoned in favor of Great Britain and France government interdicted the use of its ports “to our right to capture enemy's property when armed ships and privateers, both of the United covered by the flags of these powers. The "seStates and the so-called confederate States,"curities” desired by those governments were with their prizes. The Secretary of State of the understood by us to be required from both belUnited States fully appreciated the character ligerents. Neutrals were exposed, on our part, and motive of this interdiction, when he observ- to the exercise of the belligerent right of caped to Lord Lyons, who communicated it: “ That turing their vessels when conveying the property this measure, and that of the same character of our enemies. They were exposed,' on the which had been adopted by France, would prob- part of the United States, to interruption in their ably prove à death-blow to Southern privateer- unquestioned right of trading with us by the

declaration of the paper blockade above referred On the twelfth of June, 1861, the United to. We had no reason to doubt the good faith States Minister in London informed Her Majesty's of the proposal made to us, nor to suspect that Secretary for Foreign Affairs, that the fact of his we were to be the only parties bound by its ac. having held interviews with the Commissioners ceptance. It is true that the instructions of the of this Government “bad given great dissatis- neutral powers informed their agents that it was faction," and that a protraction of this relation “ essential, under present circumstances, that would be viewed by the United States “as hos- they should act with great caution in order to tile in spirit, and to require some corresponding avoid raising the question of the recognition of action accordingly." In response to this inti- the new Confederacy," and that the understandmation, Her Majesty's Secretary assured the Min-l ing on the subject did not assume, for that rea

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son, the shape of a formal convention. But it ing from nine to eleven States of the Union, have was not deemed just by us to decline the ar- now, for more than twelve months, endeavored rangement on this ground, as little more than to maintain a blockade of three thousand miles ninety days had then elapsed since the arrival of coast. This blockade, kept up irregularly, but of our Commissioners in Europe, and neutral when enforced, enforced severely, has seriously nations were fairly entitled to a reasonable delay injured the trade and manufactures of the United in acting on a subject of so much importance, Kingdom. Thousands are now obliged to resort and which, from their point of view, presented to the poor rates for subsistence, owing to this difficulties that we, perhaps, did not fully ap- blockade. Yet Her Majesty's government has preciate. Certain it is that the action of this never sought to take advantage of the obvious government on the occasion, and its faithful imperfections of this blockade in order to declare performance of its own engagements, have been it ineffective. They have, to the loss and detrisuch as to entitle it to expect, on the part of ment of the British nation, scrupulously observed those who sought in their own interests a mu- the duties of Great Britain toward a friendly tual understanding the most scrupulous adher- state." ence to their own promises. I feel constrained Again, on the twenty-second of September, to inform you, that in this expectation we have 1862, the same noble Earl asserted that the been disappointed, and that, not only have the United States were “ very far indeed” from begovernments which entered into these arrange- ing in “a condition to ask other nations to asments yielded to the prohibition against com- sume that every port of the coasts of the so-styled merce with us, which has been dictated by the confederate States is effectively blockaded.” United States, in defiance of the laws of nations, When, in view of these facts, of the obligations but that this concession of their neutral rights of the British nation to adhere to the pledge to our detriment, has, on more than one occa- made by their government at Paris in 1856, and sion, been claimed, in intercourse with our ene- renewed to this Confederacy in 1861, and of these mies, as an evidence of the friendly feeling to repeated and explicit avowals of the imperfecward them. A few extracts from the corre tion, irregularity, and inefficiency of the pretendspondence of Her Majesty's Chief Secretary of ed blockade of our coast, I directed our CommisState for Foreign Affairs, will suffice to show sioner at London to call upon the British governmarked encouragement to the United States to ment to redeem its promise and to withhold its persevere in its paper blockade, and unmistak- moral aid and sanction from the flagrant violation able intimations that Her Majesty's government of public law committed by our enemies, who would not contest its validity.

were informed that Her Majesty's government On the twenty-first of May, 1861, Earl Russell could not regard the blockade of the Southern pointed out to the United States Minister in Lon-ports as having been otherwise than “ practically don that “the blockade might no doubt be made effective” in February, 1862, and that is the maneffective, considering the small number of har-ner in which it has since been enforced gives to bors on the Southern coast, even though the ex- neutral governments no excuse for asserting that tent of three thousand miles were comprehended the blockade has not been effectually maintained." in terms of that blockade."

We were further informed, when we insisted that On the fourteenth of January, 1862, Her Majes- by the terms of agreement no blockade was to be ty's Minister in Washington communicated to considered effective unless “sufficient really to his government that in extenuation of the bar- prevent access to our coast," that the declaration barous attempt to destroy the port of Charleston of Paris was, in truth, directed against blockades by sinking a stone-fieet in the harbor, Mr. Sew. not sustained by any actual force, or sustained ard had explained “that the Government of the by a notoriously inadequate force, such as the United States had, last spring, with a navy very occasional appearance of a man-of-war in the offlittle prepared for so extensive an operation, un- ing, or the like. dertaken to blockade upward of three thousand It was impossible that this mode of construing miles of coast. The Secretary of the Navy had an agreement, so as to make the terms mean alreported that he could stop up the 'large holes' most the reverse of what they conveyed, could by means of his ships; but that he could not be considered otherwise than as a notification of stop up the small ones. It has been found the refusal of the British government to remain necessary, therefore, to close some of the numer- bound by its agreement, or longer to respect ous small inlets by sinking vessels in the those articles of the declaration of Paris, which channel."

had been repeatedly denounced by British statesOn the sixth of May, 1862, so far from claim- men, and had been characterized by Earl Russell ing the right of British subjects as neutrals to as “very imprudent" and "most unsatisfactory.” trade with us as belligerents, and to disregard If any doubt remained of the motives by which the blockade on the ground of this explicit con- the British Ministry have been actuated in their fession of our enemy of his inability to render it conduct, it would be completely dissipated by effective, Her Majesty's Secretary of State of the distinct avowals and explanations contained Foreign Affairs claimed credit with the United in the public speech recently made by Her MaStates for friendly action in respecting it. His jesty's Secretary for Foreign Affairs. In comLordship stated that “the United States Gov- menting on the remonstrances of this government ernment, on the allegation of a rebellion pervad- I against the countenance given to an ineffective

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