quently destroyed by fire. He also personally took part in explorations and diggings. AImost his last hours were spent in superintending the great mossfind diggings in South Jutland. He gave largely to public and private antiquarian societies, and personally presided at the annual meetings of the Northern Antiquarians, which were held in his own palace, conversing freely and instructively with the Fellows who happened to be present. His death was caused by a severe attack of erysipelas. FREEDOM OF THE PRESS. The publication of some newspapers was interrupted during 1863, by the lawless attacks of disorderly persons who destroyed the printing offices, and by the orders of military officers suppressing their issue.

In the former case the attacks were frequent, but not always successful. On the 5th of March, late in the evening, an attack was made on the office of "The Crisis," a Democratic paper, published at Columbus, Ohio, by a body of disorderly soldiers. Everything was cleared out. The windows, doors, stoves, shelves, books, &c., were entirely destroyed. The party then proceeded to attack the office of "The Statesman," but by the interference of the police further mischief was prevented. On the same night the office of the Volksblatt," a Democratic paper in Belleville, near St. Louis, was entered and much property destroyed. During the riot in New York, in July, an attack was made on the office of "The Tribune," an Administration paper. (See RIOTS.) The doors and windows were destroyed, and also much property in the office. Later in the year, the office of the North Carolina "Standard," a reconstruction paper, published at Raleigh, was attacked by a body of soldiers, and destroyed. The citizens of Raleigh at once retaliated and destroyed the office of the "State Journal," a rival and an advocate of secession. Instances of these disorderly attacks were very numerous during the year in different parts of the Northern States. The printing materials were generally destroyed, and a temporary suspension of the paper caused thereby.

The first case of the suppression of a newspaper by a military order was the "Evening Journal," published in Philadelphia. About midnight, January 27th, the editor, Albert D. Boileau, was arrested by order of Gen. Schenck, commanding the Middle Department, and taken to Fort McHenry, in Maryland. (See HABEAS CORPUS.) The order for the arrest instructed the officers to suppress the "Journal." The publication was subsequently resumed.

On the 8th of May, the following order was issued by Gen. Hascall, commanding in the District of Indiana:

HEADQUARTERS, DISTRICT OF INDIANA, DEPARTMENT OF THE OHIO, INDIANAPOLIS, May 8th, 1863. Editor Bluffton Banner, Bluffton, Indiana: A copy of your paper, of May 1st, has been handed to me, in which you boast of your intention to violate

Order No. 9, from these headquarters, as much as you please. You can now disavow that intention, and advise others to do so, or discontinue the publication of your paper altogether till further orders. A violation of this notice will receive prompt attention. MILO S. HASCALL,

Brig.-Gen. Vols., Comd'g Dist. This order appears to have been disregarded by the editor. No further measures were taken.

On the 11th of May, an order was issued by i Gen. Davidson, at St. Louis, prohibiting the sale or distribution in that district of the "Freeman's Journal," and " Caucasian," of New York; the Columbus "Crisis," a Democratic journal of Jerseyville; the Chicago "Times," and Dubuque "Herald."

On the 1st of June, Gen. Burnside, commanding the Department of the Ohio, issued the following order:

General Order, No. 84.

HEADQUARTERS, Department CF Oшо, CINCINNATI, June 1st, 1863. ually published in the newspaper known as the New 1. The tendency of the articles and opinions habitYork World," being to cast reproach upon the Government, and to weaken its efforts to suppress the rebellion, by creating distrust in its war policy, its circulation in time of war is calculated to exert a pernicious and treasonable influence, and is, therefore, prohibited in this department.

2. Postmasters, news agents, and all others, will govern themselves by this order, as any person detected in forwarding, selling, or in any way circulating the paper referred to, will be promptly arrested and held for trial.

3. On account of the repeated expression of disloyal and incendiary sentiments, the publishing of the newspaper known as the Chicago "Times" is hereby suppressed.

4. Brigadier-General Jacob Ammen, commanding of the third paragraph of this order. the district of Illinois, is charged with the execution

By command of Major-Gen. A. E. BURNSIDE. LEWIS RICHMOND, Lieut.-Col. and A. A.-Gen. [Official.] D. R. LARNED, Capt., and A. A.-Gen.

With the issue of this order, the following notice was sent to the editor of the Chicago "Times."

BY TELEGRAPH FRON HEADQUARTERS, June 2d. Editor of the Chicago Times:

You are hereby notified that I have issued an order stopping the publication of your paper, which order will be published in the morning papers of this city to-day (Tuesday morning). You will please govern yourself accordingly,

A. E. BURNSIDE, Major-General.

Gen. Ammen having directed Capt. Putnam, commanding at Camp Douglas, Chicago, to carry the foregoing order into effect, the latter warned the publishers of the "Times," on the night of the 2d, against issuing their paper the next morning, under penalty of the seizure of their establishment by the military. The publishers thereupon applied to Judge Drummond, of the United States circuit court, for a writ enjoining Capt. Putnam from any interference with their business or property; and after midnight a writ was issued by Judge Drummond, directing the captain to take no further steps to execute the order until the application for a

permanent writ could be heard that day in open court. A file of soldiers, nevertheless, took possession of the establishment, and after remaining for some time left, but before leaving they again warned the owners against issuing their paper.

At the opening of the court on the morning of the 3d of June, the counsel of the publishers made a motion to defer proceedings on the application for an injunction until notice of the application could be given to the military commandant at Camp Douglas. Judge Drummond, in granting the motion, said:

I may be pardoned for saying that, personally and officially, I desire to give every aid and assistance in my power to the Government and to the Administration in restoring the Union, but I have always wished to treat the Government as a Government of law and a Government of the Constitution, and not a Government of mere physical force. I personally have contended, and shall always contend, for the right of free discussion, and the right of commenting, under the law and under the Constitution, upon the acts of the officers of the Government.

In the meantime, news of the proceedings of the military authorities had reached Springfield, the capital of Illinois, where the State Legislature had convened in special session on the 2d of June, pursuant to an order adopted at the close of its last regular session. On the 3d, the following preamble and resolutions were introduced in the House of Representatives, and, after an exciting debate, were passed—yeas 47, nays 13:

Whereas information has reached this body that an order has been issued by Gen. Burnside for the suppression of the Chicago Times;" and whereas such order is in direct violation of the Constitution of the United States and of this State, and destructive to those God-given principles whose existence and recognition for centuries before a written Constitution was made, have made them as much a part of our rights as the life which sustains us;

Be it resolved by the House of Representatives (the Senate concurring therein), That we denounce the order which threatens an act so revolutionary and despotic as contrary to liberty, destructive of good gov ernment, and subversive of constitutional and natural rights, and that, if carried into effect, we consider it equivalent to the overthrow of our form of government, and the establishment of a military despotism

in its stead.

Resolved, That, in view of the monstrous consequences which must inevitably flow from such action, if justified by the General Government, we respectfully, yet firmly, request the withdrawal of the order in question, and the disavowal thereof by those in power, as the only course which can be pursued to reassure our people that constitutional freedom, so dear to their hearts, has not ceased to be. The attention of the governor is called to this infringement of popular rights, and the invasion of the sovereignty of the State of Illinois.

The office of the "Times," at Chicago, was the centre of attraction during the whole of the 3d, and at night a large concourse of people gathered there, in accordance with a call which had been issued in the forenoon of that day. This meeting, however, soon adjourned to Court House Square, where the people were addressed by gentlemen of both parties. The

speeches counselled the observance of the laws, but denounced the above order of Gen. Burnside as arbitrary and despotic. The following resolutions were reported and adopted:

Twenty thousand loyal citizens of Illinois, assemresolve, bled this evening to consult upon their interests, do

1. That law is the bulwark of liberty; the abrogation of law is the death of liberty; the constitution guarantees the freedom of speech and of the press and the right of the people peaceably to assemble and to petition the Government for the redress of grievances. An infringement of these rights is a blow at the Constituition; an abrogation of these rights is the overthrow of the Constitution. He who seeks to abridge or destroy these rights is a traitor to law and liberty. The people of Illinois will forever demand and insist upon these rights. They will obey the laws themselves and insist upon a like obedience by all men. They will seek redress for grievances through the forms of law and the tribunals of justice. They will demand and insist upon the trial by jury, of men not in the military or naval service, who are charged with crime; they will demand and insist upon the right to speak and print their opinions of men in power, and the measures of those men; they will demand and insist upon the judgment of the civil tribunals upon men or newspapers charged with the expression of "disloyal and incendiary sentiments."

2. The military power is and must remain subordinate to the civil power. Military, like civil functionaries, derive all their powers from the law. So far as they act under the law they must be obeyed. When they exceed the law their orders and decrees are void. Burnside, by which the publication of the Chicago 3. General Order No. 84, promulgated by General "Times" is declared to be suppressed, is without warrant of law, and should, as we have an abiding belief that it will forthwith be rescinded by the President. If the "Times" or any other public journal has exceeded the limits of lawful discussion or criticism, the civil tribunals, and they alone, are the competent and lawful judges of its crime. To the courts of law it appeals; let the courts, and the courts alone, decide its fute.

4. The people of Illinois are devoted, with their lives and their fortunes to the glorious Union of the States under the Constitution made by our fathers; they will sacrifice life and fortune and all but liberty to preserve that Union; they will cordially sustain the authorities in all honest and lawful efforts to preserve that Union; but they will not sacrifice their liberties, though life and fortune go together. Peaceably, soberly, loyally, they will maintain their liberties, so long as they can thus be maintained, but they will have them at every hazard by some means.

During the afternoon the militia were ordered under arms, but nothing occurred requiring their interposition.

On the evening of the next day (the 4th) the following despatch from General Burnside was received by the editor:

LEXINGTON, Ky., June 4th, 1868. To the Editor of the Chicago Times:

By direction of the President of the United States, my order suppressing the circulation of your paper revoked. You are at liberty to resume its publication. A. E. BURNSIDE, Maj.-Gen.

The office had been in possession of a military force from early Wednesday morning till Thursday evening. No paper was issued on Thursday morning.

On the same day the following despatch was also sent by General Burnside.

FREEDOM OF THE PRESS.

LEXINGTON, Ky., June 4th, Editor of the New York World: Having been directed by the President of the United States to revoke that part of my order, suppressing the "Chicago Times," I have revoked the entire order, and your paper will be allowed its circulation in this department. A. E. BURNSIDE.

FREEDMEN OF THE SOUTH. 425

acts of those charged with the administration of the Government, also those of all their civil and military subordinates, whether with intent directly to secure greater energy, efficiency, and fidelity to the public service, or in order to achieve the same ends more remotely through the substitution of other persons for those in power.

General Order, No. 87.

HEADQUARTERS, Department OF THE ONIO, CINCINNATI, OHIO, June 2d, 1863. It is announced, for the information of all concerned, that the publication or circulation of books containing sentiments of a disloyal tendency comes clearly within the reach of General Order No. 38, and those who of fend will be dealt with accordingly. By command of Major-General BURNSIDE. [Signed] LEWIS RICHMOND, Assistant Adjutant-General. W. P. ANDERSON, Assistant Adjutant-General. For the order, No. 38, thus alluded to, see HABEAS CORPUS.

On the 8th of June a meeting of editors was held in New York, at which the following newspapers were represented:

1. New York Leader...

Express.... Atlas..

..John Clancy. Jas. Brooks. Anson Herrick. Independent........Theodore Tilton. Journal of Commerce... Wm. C. Prime. Horace Greeley. ....Mr. Ottendorfer.

Tribune..
Staats Zeitung.....

8.

Sun....

10.

Sunday Mercury

11.

.

.J. Beach.
..Wm. Cauldwell.
H. P. Whitney.
Elon Comstock.
Jewish Messenger..
.M. S. Isaacs,
Irish American.. .P. J. Meehan.
Scientific American...R. McFarlane.
New Yorker........
.......C. Mathews.

Horace Greeley was called to the chair, and offered a series of resolutions which were referred to a committee who reported the resolutions of Mr. Greeley, somewhat amended, as follows:

Whereas the liberty and rights of the press as affected by the existence and necessities of a state of war, and especially of civil war, are topics of the highest public concern, and

Whereas recent events indicate the existence of grave misapprehensions and lamentable confusion of ideas with regard to this vital question; therefore,

Resolved, That our conception of the rights and duties of the press in a season of convulsion and public peril like the present, are briefly summed up in the following propositions:

1. We recognize and affirm the duty of fidelity to the Constitution, Government, and Laws of our country, as a high moral as well as political obligation resting on every citizen, and neither claim for ourselves nor concede to others any exemption from its require ments or privilege to evade their sacred and binding

force.

2. That treason and rebellion are crimes, by the fundamental law of this as of every other country; and nowhere else so culpable, so abhorrent, as in a republic, where each man has an equal voice and vote in the peaceful and legal direction of public affairs.

3. While we thus emphatically disclaim and deny any right as inhering in journalists or others to incite, advocate, abet, uphold, or justify treason or rebellion, we respectfully but firmly assert and maintain the right of the press to criticize firmly and fearlessly the

wherein hostilities actually exist or are immediately threatened, and we deny the right of any military officer to suppress the issues or forbid the general circulation of journals printed hundreds of miles from the seat of war.

The resolutions were unanimously adopted. The effect of this emphatic declaration of sentiments was soon felt. No more papers were suppressed, and several which had been were again allowed circulation through the mails.

In the Middle Department, commanded by Gen. Schenck, the press was forbidden to make extracts from certain New York papers, as appears by the following from the provost-marshal at Baltimore:

HEADQUARTERS MIDDLE DEP'T, STH ARMY CORPS,
OFFICE PROVOST-MARSHAL,
BALTIMORE, June 21st, 1863.

An order was published in the evening edition of the "Republican," also in the 'Sunday Telegram,' of to-day, purporting to emanate from this office, in reference to the suppression of certain newspapers. No such order as thus published was issued. It is perhaps a misunderstanding, which is thus explained. I was directed by the major-general commanding, to notify the editors of some of the city papers," that no extracts from the New York World,' New York Express,'Caucasian,' 'Cincinnati Inquirer,' and 'Chicago Times,' would be permitted to be published in this department," which was duly done, and from this fact the mistake must have occurred. I therefore respectfully request that this explanation be published. WILLIAM S. FISH, Lieutenant-Colonel and Provost-Marshal. FREEDMEN OF THE SOUTH. In the ANNUAL CYCLOPÆDIA for 1861 and 1862 under the title SLAVES, there has been traced the progress which had been made, up to January, 1863, in solving the vexed question of what should be done with the Africans or persons of African descent, who had been the slaves of rebel masters, and had either escaped from, or been abandoned by, those who had formerly held them in slavery. The President's Emancipation Proclamation gave a new and greatly increased importance to this problem. That proclamation, as soon as it was promulgated, gave an impulse to the influx of the negroes into the Union lines, often in a state of utter destitution both of food and clothing, and that influx appeared to be destined to increase as the proclamation was more and more widely disseminated, until it might result in the coming in of by far the greater part of the bondmen of the insurrectionary States. Without some mode of employment for them, some means of enabling them to earn their subsistence, the army would soon be swamped, or these helpless creatures must perish by cold and starvation. In a time of peace there would have been no difficulty, since there would have been a demand for the labor of all who were able to

work, in cultivating the soil. There was, indeed, employment sufficient for a considerable number in acting as laborers, hostlers, cooks, teamsters, &c., and for the women in washing and other labor in the camps and at the hospitals, but these employments were insufficient for the vast multitude who were constantly pouring into the army lines.

The Government had hitherto discouraged the organization of regiments of colored troops, and had not favored their enlistment, even when attempted in the Northern States. There had been, it is true, two or three such regiments formed, one in Kansas, and one or two in South Carolina, but these had been considered by the Government doubtful experiments. It was known that the Confederates had, in a few instances, organized such regiments, though their fear of their fidelity had prevented them from doing so to any considerable extent. A black regiment had, however, been organized in New Orleans, and elsewhere negroes had been in the Confederate ranks as sharpshooters, sentinels, &c., though seldom in any considerable numbers. Some of the border States, and Kentucky in particular, opposed very strenuously the organization of colored regiments, and she has maintained her opposition up to the present time. In most of the States, however, after the issuing of the Emancipation Proclamation, there was an increasing feeling in favor of using the able-bodied negroes as soldiers, to aid in the overthrow of the Rebellion. It was urged in favor of this, that they possessed the qualities of obedience, docility, imitation, and emulation, which would make them good soldiers; that they were familiar with the country which was the seat of war, and would be of great value as scouts; that they were inured to the climate, which affected so seriously white soldiers, and that their employment in this capacity would more effectually cripple the resources of the Confederates than any other measure, and would tend to render further conflict on their part hopeless. To the objections that they would be guilty of great and horrible outrages upon the weak and helpless families of the enemy, it was answered that the negro was not vindictive in his nature, and that from his ready submission to his officers it was rather to be expected that, under proper discipline, the colored troops would prove more correct in their deportment than white regiments. The approach of a draft which would fall heavily upon the workshops, manufactories, and farms of the North, already depleted of their operatives to such an extent as greatly to enhance the price of skilled labor, led to the conviction on the part of the great body of the people of the North, that these thews and sinews thus at their command and for the most part ready and willing for their service, might as well be employed, so far as they would go toward filling up the ranks of the armies east and west, as their own. (See ARMY OF THE UNITED STATES.)

The Government had arrived at similar conclusions early in the year. They had, indeed, been foreshadowed in that passage of the Emancipation Proclamation, in which the President had said:

"And I further declare and make known that such persons of suitable condition will be received into the armed service of the United States to garrison forts, positions, stations and other places, and to man vessels of all sorts in said service."

On the 20th of January an order was issued from the War Department authorizing Governor Andrew, of Massachusetts, to raise regiments of African descent. In March the adjutant-general, Gen. L. Thomas, was sent to the West to organize colored regiments from the freedmen who were coming in large numbers into the Union lines from Cairo to Natchez. At Helena Gen. Prentiss asked the privilege of organizing a regiment (he did raise two, which afterward proved the means of the preservation of that post), and Gen. Thomas granted his request. At Milliken's Bend, General Thomas organized five regiments, at Grand Gulf three more, and before leaving the Mississippi Valley, as he was compelled to do by severe illness, in June he had completed arrangements for raising twenty colored regiments. Meantime Gen. Banks had also been active in the formation of what he denominated a Corps d'Afrique, a body of colored troops, at first put under the command of BrigadierGeneral H. E. Paine, and after he was severely wounded in the assault on Port Hudson, under that of Brig.-Gen. Ullmann. Over 15,000 of these troops were mustered into the service in the Department of the Gulf. In the Department of the South three regiments were organized at Hilton Head before June, and several others later in the year. Several regiments were also raised in North Carolina, in Norfolk, Virginia and its vicinity, in Washington, D. C., and in Maryland. At the close of the year the number of colored troops in the United States service exceeded 50,000. They were with very few exceptions officered by whites, and the applicants for commands in these regiments underwent a very severe and critical examination by a board of army officers, of which General Silas Casey was president. More than half the applicants were rejected, and of those received, by far the greater part were assigned to a rank materially below that for which they applied. The result has been that no regiments in the volunteer army have been under the command of more efficient and thoroughly competent officers than those composed of "soldiers of African descent." On the 22d of May, a bureau of colored troops was organized in the War Department. A Commission of Inquiry in regard to the numbers, condition, capacity, and future wants of the freedmen, consisting of Robert Dale Owen, James McKaye, and Samuel G. Howe, had been appointed by the Secretary of War and made a preliminary report on

these topics on the 30th of June, 1863. As may be inferred from the language of the President's proclamation, it was at first expected that the colored soldiers would be employed almost exclusively in post and garrison duty. Emergencies, however, soon occurred in which it was found necessary to bring them into the field, and even when but partially disciplined they acquitted themselves so well as to elicit the commendations of the generals in command, and to cause their being placed in several instances in the lead in assaulting columns. At Milliken's Bend, on the 6th of June, the Confederates made an attack in large force, but were repulsed with heavy loss by the deter mined bravery of the colored troops. At the second assault on Port Hudson, June 14th, the colored troops under Gen. Paine led the forlorn hope, and amid fearful slaughter planted the Union flag on the parapet, and when their commander was terribly wounded and had fallen in front of the enemy's works, and the entire assaulting force had returned to their lines, nearly half a mile from the Confederate works, on the call for volunteers to bring off the wounded general under the terrific fire of the Confederate batteries, when no white soldiers volunteered, sixteen soldiers from the colored regiments stepped out and moved forward in squads of four, and succeeded in bearing him to the Union lines, though fourteen of the sixteen paid the forfeit of their daring with their lives.

At Fort Wagner, Morris Island, in the Department of the South, at the assault of the 18th of July, the colored regiments, under the command of Gen. George C. Strong, fought with great bravery; the 54th Massachusetts (colored) leading in the assault, and losing their gallant colonel, R. G. Shaw, and most of their officers, and nearly two hundred of their men. At Helena, Ark., on the 4th of July, and on other occasions, they have also acquitted themselves with honor. The officers say that they will follow their officers, even in charges or assaults of great peril, far more readily than white soldiers, but when deprived of their commanders would not in general fight independently so well as those troops who have had more education. Their camps are generally in better order, and the men pay more regard to neatness and order in their own dress than most white soldiers. They endure the exposure to the climate and the privations of the camp much better than whites, and the rate of mortality among them is much lower than among the white troops.

The Emancipation Proclamation and the employment by the United States Government of the emancipated negroes as soldiers, as might have been expected, furnished occasion for violent denunciation to the Confederate authorities. In his message to the Confederate Congress, Jan. 12th, 1863, Mr. Jefferson Davis made use of the following language in reference to it: "The public journals of the North

have been received, containing a proclamation, dated on the first day of the present month, signed by the President of the United States, in which he orders and declares all slaves within ten of the States of the Confederacy to be free, except such as are found within certain districts now occupied in part by the armed forces of the enemy. We may well leave it to the instincts of that common humanity which a beneficent Creator has implanted in the breasts of our fellow-men of all countries, to pass judgment on a measure by which several millions of human beings of an inferior race-peaceful and contented laborers in their sphere-are doomed to extermination, while at the same time they are encouraged to a general assassination of their masters by the insidious recommendation 'to abstain from violence unless in necessary self-defence.' Our own detestation of those who have attempted the most execrable measure recorded in the history of guilty man, is tempered by profound contempt for the impotent rage which it discloses. So far as regards the action of this Government on such criminals as may attempt its execution, I confine myself to informing you that I shall-unless in your wisdom you deem some other course more expedient-deliver to the several State authorities all commissioned officers of the United States that may hereafter be captured by our forces in any of the States embraced in the proclamation, that they may be dealt with in accordance with the laws of those States providing for the punishment of criminals engaged in exciting such insurrection." (See PUBLIC DOCUMENTS.)

Mr. Davis subsequently found it advisable to recede from the execution of this threat, but in no case have the officers in command of colored troops, or the colored soldiers themselves when taken prisoners, been exchanged, and there has been reason for apprehension that the freedmen soldiers when captured have been either killed or remanded to slavery. The evidence tending to this conclusion was collected by Major-Gen. E. A. Hitchcock, the Commissioner of Exchanges, and laid before the Government, and the following general order was issued in consequence:

General Order, No. 252.

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, WASHINGTON, D. C., July 31st, 1863. The following order of the President is published, for the information and government of all concerned :

EXECUTIVE MANSION, WASHINGTON, July 30th, 1863. It is the duty of every Government to give protection to its citizens, of whatever class, color or condition, and especially to those who are duly organized as soldiers in the public service. The law of nations and ized powers, permit no distinction as to color in the the usages and customs of war, as carried on by civiltreatment of prisoners of war as public enemies. To sell or enslave any captured person on account of his color, and for no offence against the laws of war, is a relapse into barbarism, and a crime against the civili

zation of the age.

The Government of the United States will give the same protection to all its soldiers, and if the enemy