have the hardihood to deny, inasmuch as they are tax-payers, voters, jurors, and eligible to office, and there is no inequality founded on distinction of races known to our laws."

On the other hand the Circuit Court of Illinois sitting in Montgomery County decided that negroes were not citizens.

The operations of the Federal forces within slaveholding States necessarily released many slaves from the restraints of their masters. The mass of them took advantage of this circumstance to escape from servitude. Their presence within the Federal lines led to the adoption of various measures by the commanding officers and by the Federal Government relative to them, all looking toward their ultimate freedom. In January the Marshal of the District of Columbia was instructed by order of the President "not to receive into custody any persons claimed to be held to service or labor within the District, or elsewhere, and not charged with any crime or misdemeanor, unless upon arrest or commitment, pursuant to law, as fugitives from such service or labor, and not to retain any such fugitives in custody beyond a period of thirty days from their arrest and commitment, unless by special order from the civil authority." The effect of this order was to relieve from any fears of apprehension all the fugitives that had escaped to the District from Virginia. Thousands of slaves flocked to the District and were sustained throughout the year by rations furnished by the Government. In Missouri, Gen. Halleck had, previous to this time, issued an order that fugitive slaves should not be permitted to enter the lines of any camp, or any forces on the march. This order occasioned much discussion, especially in Congress, as it cut off an opportunity for escape to thousands of slaves. It was explained by Gen. Halleck in these words: "unauthorized persons, black or white, free or slave, must be kept out of our camps, unless we are willing to publish to the enemy every thing we do, or intend to do."

In Arkansas, Gen. Curtis issued orders of immediate emancipation under confiscation of a number of slaves who had been at work for the Confederate Government by the consent of their masters.

Similar orders were issued by Gen. Hunter, under like circumstances, in the Department of South Carolina. These were extended until he at length issued an order confiscating and emancipating all the slaves in his military district, embracing South Carolina, Georgia, and Florida. This was countermanded by the President.

At Baton Rouge, in Louisiana, Brig.-Gen. Williams issued an order that, in consequence of the demoralizing and disorganizing tendencies to the troops of harboring runaway negroes, the commanders should turn all such fugitives beyond the limits of their respective guards and sentinels. Col. Paine of this brigade refused obedience, and justified himself by the following act of Congress:

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:

ART.-. 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 person 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.

The effect of all the regulations adopted, except in Missouri and Baton Rouge, was to secure freedom to every slave that would make the effort to obtain it. Wherever permanent headquarters for Federal troops were established within slaveholding States, they soon became crowded with hundreds and thousands of fugitive slaves. The Government was immediately obliged to feed them or starvation would ensue. At Washington, at Fortress Monroe, Newbern, and Port Royal were large numbers furnished with quarters and fed at the national expense. Various schemes were devised for the occupation of these negroes, particularly in the department of South Carolina.

Subsequently the Secretary of War issued orders, which developed the following plan for a social experiment with the negroes:

General Order No. 17.

HEADQ'ES E. C., HILTON HEAD, S. C., March 3, 1862. 1. Mr. Edward L. Pierce having been appointed by the Hon. Secretary of the Treasury General Superintendent and Director of all persons engaged in the cultivation of the land and the employment of the blacks, he is hereby announced as such. 2. The following instructions to the general commanding are hereby published for the information of all concerned; and commanding officers of all posts and stations within the limits of this command, will be governed in strict conformity thereto :

WAR DEPARTMENT, February 13, 1862. To Gen. T. W. Sherman, Commanding at Port Royal, S. C.;

GENERAL: You are hereby directed to afford protection, subsistence, and facilities, so far as may be consistent with the interests of the service and the duties and objects of your command, to all persons who may present to you written permits, issued to them under the authority of the Secretary of the Treasury, setting forth that said persons have proceeded to Port Royal under the sanction of the Government, for the collection, safe keeping, and disposition of cotton, rice, and other property abandoned and for the regulation and employment of persons of by the possessors within your military department, color lately held to service or labor by enemies of the United States, and now within the occupying lines and under the military protection of the army.

Such permits, signed by the Collector of Customs emanating from the Treasury Department. at New York City, will be considered by you as

Under the head of subsistence will be included rations to such persons as may be employed under the direction of the Treasury Department, in the temporary charge of the abandoned plantations; or, with its sanction, to labor for the instruction and improvement of the laboring population.

EDWIN M. STANTON, Secretary of War.

Several societies undertook to take charge of the matter, and seventy-two persons, farmers, mechanics, physicians, and teachers, were sent out by the Government, receiving each one ration a day from the commissariat, and paid salaries by the affiliated societies. They were "to teach Christianity and civilization to the freed men of the colored race, to imbue them with notions of order, industry, and economy, and self-reliance, and to elevate them in the scale of humanity, by inspiring them with selfrespect." The cost of rations to the Government, a part of which were consumed in this experiment, was estimated at $100,000 per day. Educational associations were formed in Boston and other places, by whom the teachers were procured. On the 2d of June the agent, E. L. Pierce, made a report to the Secretary of the Treasury, Mr. Chase, in which he stated that seventy men and sixteen women were engaged in missionary work among the negroes, under the auspices of the Treasury Department. The number of plantations under the care of these persons was 189, having on them 9,050 Africans, classified as follows: 309 mechanics and house servants, 693 old, sickly, and unable to work, 8,619 children, not useful for field labor, 4,429 field hands, of whom 3,202 were full hands, 295 three-quarter hands, 597 half hands, and 335 quarter hands. The amount of labor performed was as follows:

The aggregate result makes (adding the negro patches to the cornfields of the plantations) 8,314.12 acres of provisions (corn, potatoes, &c.) planted, 4,489.11 acres of cotton planted-in all, 13,795.23 acres of provisions and cotton planted. Adding to these the 2,394 acres of late corn, to a great extent for fodder, cowpens, &c., to be planted, and the crop of this year presents a total of 16,189.2 acres. The crops are growing, and are in good condition.

The sum of $5,479 has been distributed among 4,030 negroes in payment for labor on the plantations. The rate is $1 per acre for cotton.

After the novelty had passed away very little was accomplished by the slaves. A report in September makes the effective hands 3,817, non-effective 3,110; acres of corn, 6,444; potatoes, 1,407; cotton, 3,384; which was considered more than enough for their own support, but not sufficient to reimburse the Government. The whole experiment finally failed, and was abandoned by order of Gen. Hunter, and the negroes fell upon the Government for support.

The negroes near Fortress Monroe made a better use of their advantages. The military commission to examine into their condition, stated that by the report of the provost marshal at Camp Hamilton, it appears that for the five months ending 1st January, 1862, he had drawn rations amounting to about three hundred and eighty-three per day, which was issued to about six hundred and fifty women and children and old infirm men, all of whom returned little or no equivalent to the Government. But since the 1st of January the rations issued there have not exceeded seventy, and for part of the time were less than forty per

day. As a consequence the negroes have been thrown very much upon their own exertions to provide for themselves; and the commission of inquiry do not find that any amount of suffering has ensued; but in many instances the effort at self-support has been successful and improving.

Schools have been in successful operation at Camp Hamilton under the charge of clergymen, assisted by other teachers, black and white, where children and adults were daily instructed in reading, writing, and the elements of arithmetic; also religious instruction, and meetings were regularly held on Sunday and stated evenings during the week.

Another measure undertaken, in order to put the negroes to a useful purpose, was to organize the able-bodied ones into regiments of soldiers. The most conspicuous friends of the negroes, who have long urged the measure, have doubtless hoped that so much military spirit might thereby be infused into a considerable number as to qualify them to strike for the emancipation of their race.

On the 9th of June resolutions of inquiry relative to the organization of a negro regiment in South Carolina were offered in the House of Representatives in Congress, and adopted soon after. The resolution was referred to Gen. Hunter by the secretary, who replied as follows:

HEADQUARTERS DEPARTMENT OF THE SOUTH, PORT ROYAL, S. C., June 28, 1862. Hon. Edwin M. Stanton, Sec'y of War, Washington: 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 certain resolutions introduced in the House of Representatives, June 9, 1862, on motion of the Hon. Mr. Wickliffe, of Kentucky, their substance being to inquire

1st. Whether I had organized or was organizing a regiment of "fugitive slaves" in this department? 2d. Whether any authority had been given to me from the War Department for such organization? and 8d. Whether I had been furnished by order of the War Department with clothing, uniforms, arms, equipments, &c., for such a force?

To the first question, therefore, I reply that no regiment of "fugitive slaves" has been or is being orregiment of persons whose late masters are "fugitive ganized in this department. There is, however, a fine rebels"-men who everywhere fly before the appearance of the national flag, leaving their servants bebind them to shift as best they can for themselves. So far, indeed, are the loyal persons composing this late owners, that they are now, one and all, working regiment from seeking to avoid the presence of their with remarkable industry to place themselves in a position to go in full and effective pursuit of their fugacious and traitorous proprietors.

that the instructions given to Brig.-Gen. T. W. SherTo the second question I have the honor to answer man, 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 defence of the Union and for the suppression of this rebellion, in any might call for. There is no restriction as to the charmanner I might see fit, or that the circumstances acter 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, tive slaves" as soldiers, could any such be found in this therefore, that I have been authorized to enlist "fugidepartment. 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 ab

sence 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 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, and so forth, to the troops in question-my general 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 resolutions. 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 own conduct, that had it not been for the many other diversified and imperative claims on my time 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 welldrilled, 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 marvellous 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 reenforcements 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 forty-eight to fifty thousand 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. On the 18th of October Gen. Saxton, in command of the Department, issued an order to organize the 1st regiment of South Carolina volunteers as soon as possible. The enlisting of the negroes had proceeded very slowly. Thirteen dollars a month, with army rations and clothing, was to be the pay of the soldier. By the close of the year the regiment was completed.

Lane to enlist negroes, but it failed of success. The attempt was made in Kansas by Gen. An attempt was made by Gen. Sprague, of Rhode Island, to raise a regiment of free negroes, but it met with no success. An attempt was also made at New Orleans to organize negro troops, but at the close of the year it was still an experiment.

Another measure proposed relative to the slaves was their colonization in Chiriqui, in Central America. For this purpose Senator Pomroy, of Kansas, who had been very successful in organizing "Emigrant Aid Expeditions" from Massachusetts at the time of the Kansas disturbances, received a kind of general permission from the President to settle at any suitable point within the tropics, being charged "to maintain the honor of the republic abroad." Some progress was made in organizing this enterprise, but it was abandoned. Another measure proposed was the removal of a portion of those at Fortress Monroe to Massachusetts and other Northern States, both for "humane and military reasons."

Notwithstanding all the measures proposed, the Southern slaves remained a great burden on the hands of the Government, excepting those who had pressed forward to the free States, already well supplied with white labor. The action of the President relative to emancipation will be stated in a subsequent page.

Up to this time movements of some importance had taken place in Missouri and Arkansas. Two sharp skirmishes took place-the one at Mount Zion, eighteen miles southwest of Sturgeon, on December 28, 1861, and the other near Fayette, on January 8, 1862. In the former Brig.-Gen. Prentiss commanded, and in the latter Major Torneru. They produced no special influence on the campaign in that

department. On the 29th of January, Gen. Earl Van Dorn took command of the Confederate forces in the trans-Mississippi district, which comprised a considerable portion of the State of Missouri, with his headquarters at Little Rock. On the preceding day, the division of the Union army under the command of Col. Jeff. C. Davis left Marseilles for Springfield. It consisted of four regiments-the 8th

have organized what is called Home Guard Companies, partly of Union men and partly of Southern men, all of whom are anxious to return to their homes. We are happy to find that you and your men are not composed of that class of persons commonly called jayhawkers, who do not regard the rights of citizens and property, but confine the war to its legitimate object.'

The falsehoods circulated concerning us have driven thousands from their homes, and I take the liberty of responding publicly to the sentiments expressed by the writer, because these falsehoods have involved the whole community in the troubles which he seeks to mitigate.

The only legitimate object of the war is peace, and the writer only does me justice when he says I adhere to this legitimate object. Peaceable citizens shall be protected as far as possible. I act under strict orders of Maj. Gen. Halleck. The flight of our foes from their camps, and the imitation of their conduct by the citizens, in fleeing from their homes, leaving their effects abandoned as it were for the victors, have much embarrassed me in my efforts to preserve discipline in my command, as these circumstances offered extraordinary temptations. The burning of farms and fields of grain in Missouri, and extensive barracks and valuable mills in Arkansas by the enemy, has induced some resentments on the part of my troops, which I have severely punished. Necessary supplies for my command could not keep up with my rapid movements, and peaceable citizens not being at home to sell them to my quartermasters, I am compelled to take them without purchase, making settlement difficult and doubtful; occasioning irregularities which I have always labored to counteract. If peaceably disposed citizens will stay at home, or return home, and check the clandestine, stealthy warfare that is carried on under the cover and cloak of peaceable citizens, much of the havoc of war will be avoided, and many poor families can be protected from distress and misery. I have followed the war-path through the entire State of Missouri, have seen the havoc and devastation surrounding it, and I deplore the prospect of these disasters in the virgin soil of Arkansas.

Armed men, in the garb of citizens, are concealed by citizens, and the unfortunate condition of Missouri will be transferred to Arkansas, if you allow this complicity of yourselves in the struggle. If you do not discriminate by requiring soldiers to wear some distinctive badge, you must not complain if we cannot discriminate.

There is no honor, no glory, no good that can be gained by taking up arms in this way, to defend your homes, for we do not wish to molest them if you are peaceably disposed. We only wish to put down rebellion by making war against those in arms, their aiders and abettors. We come to vindicate the Constitution, to preserve and perpetuate civil and religious liberty, under a flag that was embalmed in the blood of our Revolutionary fathers. Under that flag we have lived in peace and prosperity until the flag of rebellion involved us in the horrors of civil war.

We have restored the Stars and Stripes to northwestern Arkansas, where I am glad to find many who rejoice to see the emblem of their former glory, and hope for a restoration of the peace and happiness they have enjoyed under its folds. A surrender to such a flag is only a return to your natural allegiance, and is more honorable than to persist in a rebellion that surrendered to the national power at Forts Henry and Donelson, at Nashville and at Roanoke, and throughout the most powerful Southern States. Why then shall the West be devastated to prolong a struggle which the States of Maryland, Virginia, Kentucky, North Carolina, and Tennessee cannot successfully maintain? Disband your companies; surrender your arms; for in all instances where men in arms have voluntarily surrendered and taken the oath of allegiance to our common country, they have been discharged. No prisoners have, to my knowledge, been shot or hung, or cruelly treated by us.

I know of no instance where my troops have treated

females with violence, and I have not heard of a complaint of any kind. I enjoin on the troops kindness, protection, and support for women and children. I shall, to the best of my ability, maintain our country's flag in Arkansas, and continue to make relentless war on its foes, but shall rejoice to see the restoration of peace in all the States and Territories of our country that peace which we formerly enjoyed and earnestly desire; and I implore for each and all of us that ultimate, eternal peace "which the world cannot give or take away." I have the honor to be, Very respectfully, your obedient servant, SAMUEL R. CURTIS, Brig.-Gen. Commanding Army of the Southwest. On reaching Arkansas the forces of Gen. Price were rapidly reënforced by regiments which had been stationed in Arkansas and the Indian Territory. Knowing this fact, Gen. Curtis expected an attack would soon be made upon him. He therefore selected Sugar Creek, as the strongest of several strong places taken from the enemy, to make a stand against any and all odds. The position of Gen. Curtis's force on the 6th of March was as follows: The first and second divisions, under Gens. Sigel and Asboth, were four miles southwest of Bentonville under general orders to move round to Sugar Creek about fourteen miles east. The third division, under Col. Jeff. C. Davis, had moved to take position at Sugar Creek, under orders to make some preparatory arrangements and examinations for a stand against the enemy. The fourth division was at Cross Hollows under command of Col. E. A. Carr, about twelve miles from Sugar Creek on the main telegraph road from Springfield to Fayetteville. The number of his force is stated by Gen. Curtis to have been not more than 10,500 cavalry and infantry with forty-nine pieces of artillery. The following were the forces engaged in the battle of Pea Ridge: 1st division, under command of Col. Osterhaus,talion of 3d, two battalions of Benton Hussars 36th Illinois, 12th Missouri, 17th Missouri, batcavalry, one battalion 39th Illinois cavalry, batteries A and B, twelve guns. A brigade, consisting of the 25th and 44th Illinois, was commanded by Col. Coler. Another brigade was commanded by Col. Greusel.

The second division, commanded by Brig.Gen. Asboth, consisted of the 2d Missouri, Col. Schæfer; 2d Ohio battery, six guns, Lieut. Chapman; 15th Missouri, Col. Joliet; 6th Missouri cavalry, Col. Wright; light battery of six guns, Capt. Elbert; battalion 4th Missouri cavalry, Maj. Messaur. These two divisions were commanded by Gen. Sigel.

The third division, commanded by Brig.-Gen. Jeff. C. Davis, consisted of 2 brigades: the 1st, commanded by Col. Barton, was composed of the 8th, 18th and 22d Indiana, and an Indiana battery of six guns. The 2d brigade, commanded by Col. White, was composed of the 37th Illinois, 9th Missouri, 1st Missouri cavalry, and a battery of four guns.

The fourth division, commanded by Col. Carr, consisted of 2 brigades; the 1st, commanded by Col. Dodge, was composed of the 4th Iowa, 35th