Today in History:

192 Series I Volume XXXIV-IV Serial 64 - Red River Campaign Part IV

Page 192 LOUISIANA AND THE TRANS-MISSISSIPPI. Chapter XLVI.

General Orders, Department of the Missouri, December, 24, 1862, No. 35, provost-marshals were ordered to give certificates of freedom to all slaves escaping from disloyal masters.

General Orders, No. 135, paragraphs II, V, VII, 1863, November 14, enlistment of colored troops ordered by the general commanding department. All able-bodied men, free or slave, to be received. Slaves declared free on enlisting, and masters to receive a certificate from an established boat. Loyal owners to be paid.

N. B.-The indictment against Buffington is for "dealing with slaves." Revised Statutes, chapter 150, p.33, and the courts (19th Missouri, 225, State vs. Henke) have decided that hiring labor does not come within that provision of the statute.

Therefore, it appears that, by the laws of the land and general orders of the Department, the slaves of Hickman became free on entering our lines, accepting service, and afterward enrolling in the service, provided that Hickman was disloyal and had aided and abetted in any manner the rebellion. In regard to this last point the provost-marshal satisfied himself before he acted, doubtless, and General Fisk states, "Hickman was and is a secessionist, beyond a doubt." The whole act of Hickman is undoubtedly intended to oppose the Government and the department and the emancipation of slaves. If General Fisk is authorized to check such proceedings now, it may save much trouble and annoyance in the future.

JAMES F. DWIGHT,

Major and Acting Judge-Advocate.

[Inclosure to Dwight's memorandum.-Copy of newspaper clipping.]

BOONE CIRCUIT COURT.

The May term of this court, Judge Burckhartt presiding, commenced Monday last.

The following grand jury were empanneled: R. G. Lyle, foreman; James Ellis, clerk; Joseph Estes, William T. O'Rear, John Berry, Otto Barnes, John T. Henry, David Bruton, sr., James Long, Edwin M. Bass, Thomas C. Rowland, John Hopper, Thomas A. Hart, William D. Kelly, Lewis P. Miller, John Q. Orr, and Peter E. Nichols.

The following cases were disposed of: State vs. Freeman Houchins, robbery, continued; State vs. Freeman Houchins and Hopper, ditto; State vs. Odell, Maples, Weddell, and Leadbetter, murder (killing Martin Oldham), change of venue to Audrain County; State vs. Pearce Buffington, dealing with slaves (employing runaway slaves at his mill near Claysville), as well as a civil suit by James I. Hickman against the same party, on same charge, suspended by order of General Fisk, pursuant to the following, to Major Harbison, circuit attorney:


HEADQUARTERS DISTRICT OF NORTH MISSOURI,
Saint Joseph, May 14, 1864.

A. J. HARBISON, Esq.,

Circuit Attorney, Boone Circuit Court, Columbia, Mo.:

DEAR SIR: I am directed by Brigadier-General Fisk, commanding the Military District of North Missouri, to say to you that no further prosecution will be allowed in the case of the State of Missouri vs. Pearce Buffington, upon indictment for dealing with slaves, or in the case of James I. Hickman vs. Pearce Buffington, defendant, for recovery of money, without orders from these headquarters.


Page 192 LOUISIANA AND THE TRANS-MISSISSIPPI. Chapter XLVI.