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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。〃
Also to the ninth and tenth sections of an act entitled 〃An act to
suppress insurrection; to punish treason and rebellion; to seize and
confiscate the property of rebels; and for other purposes;〃 approved
July 17; 1862; and which sections are in the words and figures
following:
〃SEC。 9。 And be it further enacted; That all slaves of persons who
shall hereafter be engaged in rebellion against the Government of the
United States; or who shall in any way give aid or comfort thereto;
escaping from such persons and taking refuge within the lines of the
army; and all slaves captured from such persons or deserted by them
and coming under the control of the Government of the United States;
and all slaves of such persons found on (or) being within any place
occupied by rebel forces and afterwards occupied by the forces of the
United States; shall be deemed captives of war and shall be forever
free of their servitude and not again held as slaves。
〃SEC。 9。 And be it further enacted; That no slave escaping into any
State; Territory; or the District of Columbia from any other State
shall be delivered up or in any way impeded or hindered of his
liberty; except for crime; or some offence against the laws; unless
the person claiming said fugitive shall first make oath that the
person to whom the labor or service of such fugitive is alleged to be
due is his lawful owner; and has not borne arms against the United
States in the present rebellion; nor in any way given aid and comfort
thereto; and no person engaged in the military or naval service of
the United States shall; under any pretense whatever; assume to
decide on the validity of the claim of any person to the service or
labor of any other person; or surrender up any such person to the
claimant; on pain of being dismissed from the service。〃
And I do hereby enjoin upon and order all persons engaged in the
military and naval service of the United States to observe; obey; and
enforce; within their respective spheres of service; the act and
sections above recited。
And the Executive will in due time recommend that all citizens of the
United States who shall have remained loyal thereto throughout the
rebellion shall (upon the restoration of the constitutional relation
between the United States and their respective States and people; if
that relation shall have been suspended or disturbed) be compensated
for all losses by acts of the United States; including the loss of
slaves。
In witness whereof; I have hereunto set my hand and caused the seal
of the United States to be affixed。
Done at the City of Washington; this twenty…second day of September;
in the year of our Lord one thousand eight hundred and sixty…two; and
of the independence of the United States the eighty…seventh。
ABRAHAM LINCOLN。
By the President:
WILLIAM H。 SEWARD; Secretary of State。
PROCLAMATION SUSPENDING THE WRIT OF HABEAS CORPUS; SEPTEMBER 24;
1862。
THE PRESIDENT OF THE UNITED STATES OF AMERICA
A Proclamation
Whereas it has become necessary to call into service not only
volunteers; but also portions of the militia of the States by draft;
in order to suppress the insurrection existing in the United States;
and disloyal persons are not adequately restrained by the ordinary
processes of law from hindering this measure; and from giving aid and
comfort in various ways to the insurrection:
Now; therefore; be it ordered
First。 That during the existing insurrection; and as a necessary
measure for suppressing the same; all rebels and insurgents; their
aiders and abettors within the United States; and all persons
discouraging volunteer enlistments; resisting militia drafts; or
guilty of any disloyal practice affording aid and comfort to rebels
against the authority of the United States; shall be subject to
martial law; and liable to trial and punishment by courts…martial or
military commissions。
Second。 That the writ of habeas corpus is suspended in respect to
all persons arrested; or who are now; or hereafter during the
rebellion shall be; imprisoned in any fort camp; arsenal; military
prison or other place of confinement by any military authority or by
the sentence of any court…martial or military commission。
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed。
Done at the city of WASHINGTON; this twenty…fourth day of September。
A。D。 eighteen hundred and sixty…two; and of the independence of the
United States the eighty…seventh。
ABRAHAM LINCOLN。
By the President:
WILLIAM H。 SEWARD; Secretary of State。
REPLY TO SERENADE; SEPTEMBER 24; 1862。
I appear before you to do little more than acknowledge the courtesy
you pay me; and to thank you for it。 I have not been distinctly
informed why it is that on this occasion you appear to do me this
honor; though I suppose it is because of the proclamation。 What I
did; I did after a very full deliberation; and under a very heavy and
solemn sense of responsibility。 I can only trust in God I have made
no mistake。 I shall make no attempt on this occasion to sustain what
I have done or said by any comment。 It is now for the country and
the world to pass judgment and; maybe; take action upon it。
I will say no more upon this subject。 In my position I am environed
with difficulties。 Yet they are scarcely so great as the
difficulties of those who upon the battle…field are endeavoring to
purchase with their blood and their lives the future happiness and
prosperity of this country。 Let us never forget them。 On the
fourteenth and seventeenth days of this present month there have been
battles bravely; skillfully; and successfully fought。 We do not yet
know the particulars。 Let us be sure that; in giving praise to
certain individuals; we do no injustice to others。 I only ask you;
at the conclusion of these few remarks; to give three hearty cheers
for all good and brave officers and men who fought those successful
battles。
RECORD EXPLAINING THE DISMISSAL OF MAJOR JOHN J。 KEY FROM THE
MILITARY SERVICE OF THE UNITED STATES。
EXECUTIVE MANSION; WASHINGTON;
September 26; 1862。
MAJOR JOHN J。 KEY:
I am informed that; in answer to the question; 〃Why was not the rebel
army bagged immediately after the battle near Sharpsburg?〃 propounded
to you by Major Levi C。 Turner; Judge Advocate; etc。; you said:
〃That is not the game。 The object is; that neither army shall get
much advantage of the other; that both shall be kept in the field
till they are exhausted; when we will make a compromise and save
slavery。〃
I shall be very happy if you will; within twenty…four hours from the
receipt of this; prove to me by Major Turner that you did not; either
literally or in substance; make the answer stated。
'Above delivered to Major Key at 10。25 a。m。 September 27th。'
At about 11 o'clock A。M。; September27; 1862; Major Key and Major
Turner appeared before me。 Major Turner says:
〃As I remember it; the conversation was: 'Why did we not bag them
after the battle of Sharpsburg?' Major Key's reply was: 'That was
not the game; that we should tire the rebels out and ourselves; that
that was the only way the Union could be preserved; we come together
fraternally; and slavery be saved。'〃
On cross…examination; Major Turner says he has frequently heard Major
Key converse in regard to the present troubles; and never heard him
utter a sentiment unfavorable to the maintenance of the Union。 He
has never uttered anything which he; Major T。; would call disloyalty。
The particular conversation detailed was a private one。
'Indorsement on the above。'
In my view; it is wholly inadmissible for any gentleman holding a
military commission from the United States to utter such sentiments
as Major Key is within proved to have done。 Therefore; let Major
John J。 Key be forthwith dismissed from the military service of the
United States。
A。 LINCOLN。
TO HANNIBAL HAMLIN。
(Strictly private。)
EXECUTIVE MANSION; WASHINGTON;
September 28; 1862。
HON。 HANNIBAL HAMLIN。
MY DEAR SIR: Your kind letter of the 25th is just received。 It is
known to some that; while I hope something from the proclamation; my
expectations are not as sanguine as are those of some friends。 The
time for its effect southward has not come; but northward the effect
should be instantaneous。 It is six days old; and; while commendation
in newspapers and by distinguished individuals is all that a vain man
could wish; the stocks have declined; and troops come forward more
slowly than ever。 This; looked soberly in the face; is not very
sa