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152 Series III Volume II- Serial 123 - Union Letters, Orders, Reports

Page 152 CORRESPONDENCE,ETC.

under the act of July 25, 1861, Chapter XVII, or the second section of the act of July 31, 1861, Chapter XXXV, the foregoing remarks apply to them with as much force as if they had been accepted and mustered in under the act of July 22, 1861, since the two acts first named are supplementary to that act, and all its provisions are extended to those acts.

I am, therefore, clearly of opinion, if the facts above assumed be true, that you had full authority in law to issue the order in question.

I am, sir, very respectfully, your obedient servant,

EDW. BATES,

Attorney-General.

WAR DEPARTMENT, Washington City, D. C., June 16, 1862.

Major-General HUNTER,

Commanding Department of the South:

GENERAL: By direction of the President, Brigadier-General Saxton has been assigned to special duty in your department for the purpose of occupying, cultivating, and taking care of the plantations under your command, and protecting, employing, and instructing the inhabitants who have not hitherto been accustomed to self-protection. He will, of course, continue to be subordinate to your authority as commander of the department. It is the desire of the President that you should afford him the aid of that authority for the performance of his special duties, and that so far as may be possible he be left free to act therein according to his instructions and circumstances that may exist. You will please place in the command of General Saxton such military guard as will him to protect the plantations and inhabitants thereof that may be in his charge from trespass, invasion, or intrusion,and to preserve order and enforce discipline and maintain police and sanitary regulations within his special command. You will afford him the quartermaster's,commissary,and medical stores authorized in his instructions, a copy whereof is appended. If active military operations should be prosecuted by you for the capture of Charleston, the special duty assigned General Saxton is not designed to deprive you of his military service, but he may be assigned a command in such operations according to his rank. Under all other circumstances he will be permitted to continue in the uninterrupted performance of the special duties before mentioned.

Your obedient servant,

EDWIN M. STANTON,

Secretary of War.

WAR DEPARTMENT, Washington, D. C., June 16, 1862.

Brigadier General R. SAXTON:

SIR: You are hereby assigned to duty in the Department of the South, to act under the orders of the Secretary of War. You are directed to take possession of all the plantations heretofore occupied by the rebels, and take charge of the inhabitants remaining thereon within the department or which the fortunes of the wary may hereafter bring into it, with authority to take such measures, make such rules and regulations for the cultivation of the land and for the protection, employment, and government of the inhabitants as circumstances


Page 152 CORRESPONDENCE,ETC.