War of the Rebellion: Serial 032 Page 0871 Chapter XXXIV. CORRESPONDENCE, ETC.- UNION.

Search Civil War Official Records

the class emancipated and protected by said ninth and tenth sections of said law, the provost-marshal will give to such slave a paper, signed by himself, in the following:

In pursuance to General Orders, Numbers 35, Department of the Missouri, dated Saint Louis, December 24, 1862, and in obedience to the order of the War Department, made 24th of September, 1862, I have ascertained that ---, a negro, --- - color, --- - size, aged about --- years, is to be considered and treated as a captive of war, and as such is entitled to the protection of all officers of the United States.

Given by me at ---, in the country of ---, State of ---, the --- day of ---, 186-.

The blanks in said paper to be carefully filled up, so as to state the name, sex, color, size, and age of the negro, and the place where given. I shall be signed by the officer executing the same, and delivered to such negro,m and upon the paper, or annexed to it, should be stated the names of the witness or witnesses upon whose testimony such paper is granted, and the place of residence; and no negro holding such paper shall be deprived of it against his hill.

Said act of Congress provides as follows:

SEC. 9. 1st. As to persons hereafter engaged in rebellion against the United States.

2nd. And as to persons who shall in any way give aid or comfort to the rebellion.

Their slaves shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves, under the following circumstances:

1st. Slaves escaping from such persons, and taking refuge within the lines of the Army.

2nd. Slaves captured from such persons.

3rd. Slaves deserted by such persons, and coming under the control of the Government of the United States.

4th. Slaves of such persons found or being within any place occupied by rebel forces, and afterward occupied by the forces of the United States.

XVIII. Any negro designated in such writing given by a provost-marshal will, by persons in the military service of the Government, be regarded as emancipated by said act of Congress; but no person in military service will regard such paper as justifying him to decide on the validity of the claim of any slaveholder to the service or labor of his slave.

XIX. By said order of the War Department, attention was called to an act of Congress, entitled "An act to make an additional article of war," approved march 13, 1862, as follows:

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 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 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.

This, and all other rules and articles of war, should be sustained by provost-marshals, who are specially assigned to duty for the purpose of maintaining the laws of war and the peace of society.

The foregoing rules and regulations are made by command of Major- General Curtis:

F. A. DICK,

Lieutenant Colonel and Provost-Marshal-General, Dept. of the Missouri.