.

"The Act of Congress, approved August 6, 1861, declares that if Persons
held to Service shall be employed in hostility to the United States, the
right to their services shall be forfeited, and such Persons shall be
discharged therefrom. It follows, of necessity, that no claim can be
recognized by the Military authorities of the Union to the services of
such Persons when fugitives.

"A more difficult question is presented in respect to Persons escaping
from the Service of Loyal masters. It is quite apparent that the laws
of the State, under which only the services of such fugitives can be
claimed, must needs be wholly, or almost wholly, suspended, as to
remedies, by the Insurrection and the Military measures necessitated by
it. And it is equally apparent that the substitution of Military for
Judicial measures for the enforcement of such claims must be attended by
great inconveniences, embarrassments, and injuries.

"Under these circumstances it seems quite clear that the substantial
rights of Loyal masters will be best protected by receiving such
fugitives, as well as fugitives from Disloyal masters, into the service
of the United States, and employing them under such organizations and in
such occupations as circumstances may suggest or require.

"Of course a record should be kept showing the name and description of
the fugitives, the name and the character, as Loyal or Disloyal, of the
master, and such facts as may be necessary to a correct understanding of
the circumstances of each case after tranquillity shall have been
restored. Upon the return of Peace, Congress will, doubtless, properly
provide for all the persons thus received into the service of the Union,
and for just compensation to Loyal masters. In this way only, it would
seem, can the duty and safety of the Government and the just rights of
all be fully reconciled and harmonized.

"You will therefore consider yourself as instructed to govern your
future action, in respect to Fugitives from Service, by the principles
here stated, and will report from time to time, and at least twice in
each month, your action in the premises to this Department.

"You will, however, neither authorize, nor permit any interference, by
the troops under your command, with the servants of peaceful citizens in
house or field; nor will you, in any way, encourage such servants to
leave the lawful Service of their masters; nor will you, except in cases
where the Public Sa