OFFICE RECRUITING COMMISSION, DEPT. OF KANSAS,

Leavenworth City, August 6, 1862.

Honorable EDWIN M. STANTON,

Secretary of War:

SIR: I have the honor to inclose for the consideration of the Department, General Orders, Numbers 2, to-day issued from this office.

By order of James H. Lane, commissioner of recruiting:

T. J. WEED,

Major and Assistant Adjutant-General.

[First indorsement.]

AUGUST 15, 1862.

Referred to Major-General Halleck.

By order of the Secretary of War:

P. H. WATSON,

Assistant Secretary of War.

[Second indorsement.]

AUGUST 18, 1862.

The law of July 17, 1862, authorizes the President only to receive into the military service of the United States persons of African descent. As the President has not authorized recruiting officers to receive into the service of the United States such persons for general military purposes, the inclosed order of General Lane is without the authority of law.

H. W. HALLECK,

General-in-Chief.

[Inclosure.]

GENERAL ORDERS,
OFFICE RECRUITING COMMISSION, DEPARTMENT OF KANSAS, Numbers 2.
Leavenworth City, August 6, 1862.

That persons of African descent who may desire to enter the service of the United States in this department shall fully understand the terms and conditions upon which they will be received into such service, recruiting officers who are authorized, under instructions from this office, to receive such persons, shall before receiving them read to them and in their presence the following sections of the act entitled "An act to amend the act calling for the militia to execute the laws of the Union, suppress and repel invasions," approved February 28, 1795, and the acts amendatory thereto, and for other purposes, approved July 17, 1862, as follows:

SEC. 12. And be it further enacted, That the President be, and he is hereby, authorized to receive into the service of the United States, for the purpose of constructing intrenchments, or [performing] camp service, or any other labor, or any military or naval service for which they may be found competent, persons of African descent, and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe.

SEC. 13. And be it further enacted, That when any man or boy of African descent, who by the laws of any State shall owe service or labor to any person who during the present rebellion has levied war, or has borne arms against the United States, or adhered to their enemies by giving them aid and comfort, shall render any such service as is provided for in this act, he, his mother, and his wife and children, shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary notwithstanding: Provided, That the mother, wife, and children of such man or boy of African descent shall not be made free by the operation of this act, except where such mother, wife, or children owe service or labor to some person who during the present rebellion has borne arms against the Unidhered to their enemies by giving them aid and comfort.