New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-01-04

The following 10, In iulll an orner OF "ea' ua'-
Ieck. of which We have already published a tele-
graphic summary:
HsApouARrgRs DRPARTsssr or TT ~ TAT Mi,so0H'
COL Il. FaRRAs. PyorO,,.Mi,.ho G9e'af DspariT'H'
Of he MitsoBrt S. Lonisf Al.
C0LoEEL: From our verbal s,aiementr ann l'"
write, cotnmuI ,atiOn rnhniued by you yest"Tday'
an info med tbat there ars s0me 10 negro men con-
tined in the city prisons IN your charge, ana auyeF-
ded for sale under fta,ule Of this Stale iou
stated the facts Of the case, as you uuderst iio
thea; have called my attention 10 tie statute OF iDs
State on ho subject aud 10 tire law Of Congress Oi
sst ses,iOn, ~ i have ask my orders as 10 how
shal proceed in tits maiter-n bell ef 10 rei'ase
these from custody, and to place them outside OF
your particular juI-0icion, ~ 'n hilary officer ~
charge oil the pfl-ODs, IN accordance Va oener !
Orders. No 3, Of Ills Department, or Whcf Der tie
>iefif who, IA j understand, il now under your
otderr il 10 proceed aud sell the raid negro men, ~
has ady.riieed aud Is directed by the statute ~
tLis State, II said sratu Z has not been modified
Or changed BY TIE law OF the last session OF Con-
grtss
Az an informed, most Of these negroes came
with he forces under Major-Grn. Fremont, from
South. Western MissogTi, aud baye either been Used
IN the military sefNi agpIn-t tue uulted Stter, Or
aro claimed by persons now IN arms aghist the
Federal Government; but that none of them have
been Condemned 10 accordance with the act approved
Aug 4, lSol, AID that no Proceedings ior sGch co-
denn ion have ever been Instituted.
As | understand the matter, the statute OF this
Stats creates the presumption that these men are
slaves II not called Tor hiu tof,e months IRON
che dale Of tie adyeIsemeut OF the shelhi they are
10 be tolI ss sluves Il would leem that tie act Of
Congress approved Aug. 6, 1851, If constitutional,
Oyerg,es this stain 70 far as this presumption II
concerned lhis net OF Congress cannot BE- Tegads d
~ unconstitutional until decided TO be 80 by tie
United States Supreme COuri.
IL re-as, hen, rs II SEEMS 20 me, that these ne
goes are ED Ia ensn,dy without the authority Of
law, aud contrary 10 General Orders No 81 aud You
a e hereby diucied 70 release them from pr on. Il
appears, ho@tyer ihht they have received from the
Quar-, ormasrer's Department cerain articles OF
Il ,liing requi ed Tor their immediate and pressing
Eece. siles Hib the pr'mise that they would pay
nr he clothing delivered 10 them WITH their labor
They will therefore, be turned over TO the CHEF OF
the QuafieTmaster's Department IN thls city, Tor la
Tor, Til they have paid the Uulled states Tor The
cOililg aud Oher articles 80 Issued 10 them 1T TIE
expense Of the Government.
his order will ~ NO Wy debar any one from en-
forcing his legal rights TO the services OF these ne
grOes such ughts, il any exist, can be enforced
through the loya civil tribunals Of this state, whose
uandira will alRrys be "uiy respected by the mn
,ary authorities OF Ills department. Miiiary officers
rahaot decide upon riguts Of properly or clslms -
service, EXCEPT lar may be authorized by tue
Laws of war or The to Of COugiers. wien not 10
authorized, they will avoid all interference with
such questions.
t.ry respectfully. your obedieut servant.
II ". HALLECK,
MsjorOenersl Coull handing
IN pursuance Of these directions, the Provost Mar
shul General issued an oIder in respect TO these ne
groes. OF which the material portion is as follows:
"S,ing the property of rebels, and having been
used Tor insurrecionary purposes Is ordered lhat
they be released from pr ron, and Ila ed under The
coniol Of the priocipal Quartsrmaster of TINS De-
parluient, for labor, until iurther orders
Gen. Ilslleck lays down the correct principle,
which the House has voted to have added as 4 new
urtcle OF war, that army officers have 10 rig1t 10
acjudse the question that one man is the slaye Of
another, and no right to deliver up persOus caimed
al. al.Vea