HEADQUARTERS DEPARTMENT OF THE MISSOURI,
Saint Louis, December 26, 1 861.

General ASBOTH, Rolla, Mo.

GENERAL: It would seem from the report of Major Waring* to you (referred to these headquarters (that he had in compliance with your instructions delivered to a Captain Holland a fugitive in his camp claimed by Captain H. as the property of his father-in-law. This is contrary to the intent of General Orders, Numbers 3. +

The object of those orders is to prevent any person in the army from acting in the capacity of negro-catcher or negro-stealer. The relation between the salve and his master is not a matter to be determined by military officers except in the signle case provided for by Congress. This matter in all other caes must be decided by the civil authorities. One object in keeping fugitives slaves out of our camps is to keep clear of all such questions. Masters or pretended masters must establish the rights of property to the negreos as best they may without our assistace or intereference except where the law authorizes such interference.

Orders, Numbers 3, do not apply to the authorized private servants of officers nor to negroes employed by proper authority in camps; it applies only to fugitive slaves. The prohibition to admit them within our lines does not prevent the exercise of all proper offices of humanity in fiving them food and clothing outside where such offices are necessary to prevent suffering.

Very respectfully, your obedient servant,

H. W. HALLECK,

Major-General.

HEADQUARTERS OF THE ARMY,
Washington, December [27], 1861.

His Excellency JOHN A. ANDREW,

Governor of Massachusetts.

SIR: I have received your excellency's letter of the 24th instant. I regret that you adhere to the opinion expressed in it. I cannot yield mine in a matter of such consequence to the discipline of the ARmy. You argue that becuase as governor you appointed a captain of volunteers you may send to him in the service of the United States through his colonel your censures of his military conduct by way of explaining your motives in making the appointment. I am of opinion that as the governor of the a State holds no authority over the volunteers in the service of the United States he is not warranted in assuming any such function for any purpose, and that the exercise of it, quite unnecessary in support of the military authority of the United States in opposition to it, must be very mischievous.

In this case you inform the officers that certain acts done "under color of military law and duty" were "dirty and despotic work," d"Disreputable conduct," "infamous procedure. " The acts your excellency so warmly and vehemently denounces were acts under cognizance of the military authority of the United States which that authority is competent to order or forbid, to approve or punish; and which if it approves it cannot permit any other authority to denounce to the troops or censure

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*See p. 789.

+See p. 778.

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