The national Republican., 1862-01-02

EIalleck, of which we have alrasdy published
a telegraphic summary: rt 81
HEADouARrERs, DEPARTMENT 'f
OF THE Missouri, Sr. Louis.
sa. O.. . Deosmber ls, 1851.
Coi b. q. Fdrrur, Provost Marshal General
Department Of The Missouri, ". LouV
CoLoNEL: From your verbal statements, and
the written communication omitted by you
yastsrday, am informed that there are some
sixtsen negro men confined In the city prisons
/, your charge, and advertised for sale under
A statute of this State. You have stated the
facts Of the case, ~ you understand them
have called my attention TO the statute of this
State on the subject, and to the law OF Con-
gress Of last session, and have asked my orders
"a to how you shall proceed In this matter
whether TO release these men from custody
and to place them outside Of your particular
jurisdiction ~ n military officer In charge OF
the prisons, in accordance with General Or.
ders, No. ., of this Department, or whether
the Sheriff, who, as understand, is now under
your orders, is to proceed and sell the said ne.
gro men AS he has advertised, and rs Is direct
ed by the statute Of this State, II said statute
has not been modified or changed by the law
Of tho last session of Congress.
As lam informed most Of these negroes came
with the forces under Major General Fremont,
from Southwestern Missouri, and have either
been used in the military service against the
United States, or are claimed by persons now
in arms against the Federal Government; but
that none of them have been condemned in &C.
cordance with the act approved August 8, 1851,
and that no proceedings for such condemnation
have ever been instituted.
As understand the matter, the statute Of
this State creates the presumption that these
men are slaves; and If Tot called for within
three months from tho date of the advertise.
ment of the sheriff, they are to be sold as slaves.
Ii would seem that the act Of Congressapp
August 8, 1861, If constitutional, overrules this
| statute 80 far as this presumption is concerned.
This act of Congress cannot be regarded rs un,
constitutional until decided to be SO by the Uni
| ted States Supreme Court.
1t results, then, AS 1t seems to me, that these
| negroes are held in custody without the au-
N prity of law, and contrary to General Or terS
No. 3; and you are hereby directed to release
hem from prison. It appears, however, that
hey have received from the. Quartz ermaster's
Department certain articles of clothing re-
quired for their immediate and pressing neces
stiles, with the promise that they would pay
for the clothing so delivered to them with their
labor. They will, therefore, be turned over to
the chief of the Quartermaster's Department
| IA this city, for LABOR, I'LL they have paid the
| United States for the clothing and other articles
| 50 issued to them at the expense of the Gov.
eminent.
| This order will in no way debar any one from
enforcing his legal rights to the services of
| these negroes. Such rights, II any exist, can
he enforced through the loyal civil tribunals OF
| this State, whose mandates will always be duly
| respected by the military authorities Of this
1
| upon rights of property or claims to service,
except 50 far rs may be authorized by the laws
t war or the acts of Congress. When not So
authorized, they will avoid all interference
| with such questions.
Very respectfully, your 0bedient servant,
| II. W. HALLECK,
Major General COmmandiDg.r
In pursuance of these directions, the Provost
Marshal General issued an order in respect to
these negroes, of which the miterial portion lie
as follows:
| Being the property of rebels, and having
| been used for insurreotionary purposes, it is
| ordered that they be released from prison, and
placed under the control of the Principal Quar-
| tormaster of this department for labor, until
| further OrderS.'
| Gen. IIalleck lays down the correct princi.
pie, which the House has voted to have added
as new article Of war, that army officers have
no right to sdjudge the question that one man
is the slave Of another, and no right to deliver
up persons claimed ss slaves,
The difficulty which exists in the case, is,
that the act of Congress Of August G, giving
freedom to slaves used for iusurreclionary pur.
poses, provides NO particular method of veri.
lying the fact that they have been so employed
In this vicinity, the difficulty is now met by
Gov. Stewards letter 10 Gen. Mcclellan, sub
stantially directing that all slaves escaping
from the enemy into our lines here, shall be
regarded as coming within the act Of August 6,
and as not liable to be treated as runaways,
under the local laws Of the District Of Colum-
bia. Probably the great majority of the slaves
so escaping have been used for insurrectionary
purposes, and 1t is convenient and right to act
upon that presumption. But after all, in order
to place the permanent status Of escaped slaves
beyond the hazards Of future controversy, the
legislation Of August should be made eff
cient, by providing some means of determining
the persons entitled under it to their freedom.
There should be come accessible tribunal, the
judgments Of which should be the record evil
dence OF the rights intended to be secured by
Congress.