PUBLIC DOCUMENTS. 





the qualified voters of such State shall have participat- 

 ed, shall, in the absence of strong countervailing toti- 

 mony, be deemed conclusive evidence that such State, 

 and the people thereof, are not then in rebellion against 

 the United States." 



N<nv, therefore, I, Abraham Lincoln, President of 

 the United States, by virtue of the power in me vested 

 as Commander-in-Cnief of the Army and Navy of the 

 United States in time of actual armed rebellion against 

 the authority and Government of the United States, 

 and as a fit and necessary war measure for suppress- 

 ing said rebellion, do, on this first day of January, in 

 the year of our Lord one thousand eight hundred and 

 sixty-three, and in accordance with my purpose so to 

 do, publicly proclaimed for the full period of one hun- 

 dred days, from the day first above mentioned, order 

 and designate as the States and parts of States wherein 

 the people thereof respectively are this day in rebel- 

 lion against t,he United States," the following, to wit : 



Arkansas, Texas, Louisiana (except the parishes of St. 

 Bernard, Plaquemines, Jefferson, St. John, St. Charles, 

 St. James, Ascension, Assumption, Terre Bonne, La- 

 fourche, Ste. Marie, St. Martin, and Orleans, including 

 the city of New Orleans), Mississippi, Alabama, Flori- 

 da, Georgia, South Carolina, North Carolina, and Vir- 

 ginia (except the forty-eight counties designated as 

 West Virginia, and also the counties of Berkeley, Ac- 

 comae, Northampton, Elizabeth City, York, Princess 

 Ann, and Norfolk, including the cities of Norfolk and 

 Portsmouth), and which excepted parts are for the 

 present left precisely as if this proclamation were not 

 issued. 



And by virtue of the power and for the purpose 

 aforesaid, I do order and declare that all persons held 

 as slaves within said designated States and parts of 

 States are and henceforward shall be free ; and that 

 the Executive Government of the United States, in- 

 cluding the military aud naval authorities thereof, will 

 recognize and maintain the freedom of said persons. 



And I hereby enjoin upon the people so declared to 

 be free to abstain from all violence, unless in ne- 

 cessary self-defence ; and I recommend to them that, 

 in all cases when allowed, they labor faithfully for 

 reasonable wages. 



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 ves- 

 sels of all sorts in said service. 



And upon this act, sincerely believed to be an act of 

 justice, warranted by the Constitution upon military 

 necessity, I invoke the considerate judgment of man- 

 kind, and the gracious favor of Almighty God. 



In testimony whereof I have hereunto set my name, 

 and caused the seal of the United States to be'affixed. 



Done at the city of Washington this first day of 

 January, in the year of our Lord one thousand 

 [L. s.] eight hundred and sixty-three, and of the 

 independence of the United States the eighty- 

 seventh. ABRAHAM LINCOLN." 



By the President : 

 WILLIAM H. SEWARD, Secretary of State. 



Retaliatory Proclamation by JEFFERSON DAYIS, 



President of the Confederate States. 

 WHEREAS a communication was addressed on the 6th 

 day of July last, 1862, by Gen. Robert E. Lee, acting 

 under the "instructions of the Secretary of War of the 

 Confederate States of America, to Gen. H. W. Halleck, 

 Commander-in-Chief of the United States army, in- 

 forming the latter that a report had reached this Gov- 

 ernment that Wm. B. Mumford, a citizen of the Con- 

 federate States, had been executed by the United 

 States authorities at New Orleans, for having pulled 

 down the United States flag in that city before its oc- 

 cupation by the United States forces, and calling for a 

 statement of the facts, with a view of retaliation if 

 such an outrage had really been committed under the 

 sanction of the United States ; and whereas (no answer 

 VOL, II.-4T 



having been received to said letter) another letter WM 



on the 2d of August h 

 Lee, under my instructions, to (i,,-n. Hull. - 

 the inquiries in relation to the execution of the said 

 Mumford, with the information that in tin 

 receiving a reply within tiftui-u day*, it would b as- 

 sumed that the fact was true, and "was sanctioned by 

 the Government of the United States; and whereas 

 an answer, dated on the 7th of August last t\V,->), was 

 addressed to Gen. Lee by Gen. W. 11. lUlleck, the said 

 General-in-Chief of the armies of the t'nitcd 

 alleging sufficient causes for failure to make earl, 

 to said letter of the Oth of July, asserting that No 

 authentic information had been "received in relation to 

 the execution of Mumford, but measures will be imme- 

 diately taken to ascertain the facts of the alleged ex- 

 ecution," and promising that Gen. Lee should be duly 

 informed thereof; and whereas, on the 2.5th of No- 

 vember last (1302), another letter was addressed, under 

 my instructions, by Robert Ould, Confederate agent 

 for the exchange of prisoners, under the cartel between 

 the two Governments, to Lieut.-Col. W. II. Ludlow, 

 agent of the United States under said cartel, inform- 

 ing him that the explanation promised in the said let- 

 ter of Gen. Halleck, of the 7th of August last, had not 

 yet been received, and that if no answer was sent to 

 the Government within fifteen davs from the delivery 

 of this last communication, it woufd be considered that 

 an answer is declined ; and whereas, in a letter dated 

 on the 3d day of the present month of December, the 

 said Lieut.-Col. Ludlow apprized the said Robert Ould 

 that the above-recited communication of the 19th of 

 November had been received and forwarded to the 

 Secretary of War of the United States, and whereas 

 this last delay of fifteen davs allowed for answer has 

 elapsed, and no answer has been received ; and where- 

 as, in addition to the tacit admission resulting from the 

 above refusal to answer, I have received evidence fully 

 establishing the truth of the fact that the said Wm. B". 

 Mumford, a citizen of the Confederacy, was actually 

 and publicly executed in cold blood by hanging, after 

 the occupation of New Orleans by the forces under 

 Gen. Benjamin F. Butler, when said Mumford was an 

 unresisting and non-combatant captive, and for no of- 

 fences even alleged to have been committed by him 

 subsequent to the date of the capture of said city ; and 

 whereas the silence of the Government of the United 

 States, and its maintaining of said Butler in high office 

 under its authority for many months after his com- 

 mission of an act that can be viewed in no other light 

 than as a deliberate murder, as well as of numerous 

 other outrages and atrocities hereafter to be men- 

 tioned, afford evidence too conclusive that tli 

 Government sanctions the conduct of the said Butler, 

 and is determined that he shall remain unpunished for 

 these crimes ; 



Now, therefore, I, Jefferson Davis, President of the 

 Confederate States of America, and in their name do 



E renounce and declare the said Benjamin F. Butler a 

 ;lon, deserving capital punishment. I do order that 

 he be no longer considered or treated simply as a pub- 

 lic enemy of the Confederate States of America, but as 

 an outlaw and common enemy of mankind, and that 

 in the event of bis capture, the officer in command of 

 the capturing force do cause him to be immediately 

 executed by hanging, and I do further order that 

 no commissioned officer of the United States taken 

 captive shall be released on parole before exchange 

 until the said Butler shall have met with due punish- 

 ment for his crimes. And whereas the hostilities 

 waged against this Confederacy by the forces of the 

 United States, under the command of said Benjamin F. 

 Butler, have borne no resemblance to such warfare as 

 is alone permitable by the rules of international law 

 or the usages of civilization, but have been character- 

 ized by repeated atrocities and outrages ; 

 The" following are examples: 



Peaceful and aged citizens, unresisting captives, an 

 non-combatants have been confined at hard labor 

 chains attached to their limbs, and are so held in dun- 

 geons and fortresses ; others have been submitted to a 



