The Civil War was a conflict among brothers of the northern states and southern states. Yet, it is somewhat unclear as to the level of involvement of ethnic groups on both sides of the war. This lesson will increase awareness of ethnic participation in the division and unification of American during the mid-19th century. This is a two week study of ethnic groups that made significant military contributions for the Confederate and Union Armies.
Standards Addressed: History/Social Science:
8.7 Students analyze the divergent paths of the American people in the South from 1800 to the mid-1800s and the challenges they faced.
4. Compare the lives of and opportunities for free blacks in the North with those of free blacks in the South.
8.10 Students analyze the multiple causes, key events, and complex consequences of the Civil War.
5. Study the views and lives of leaders (e.g., Ulysses S. Grant, Jefferson Davis, Robert E. Lee) and soldiers on both sides of the war, including those of black soldiers and regiments.
6. Describe critical developments and events in the war, including the major battles, geographical advantages and obstacles, technological advances, and General Lee's surrender at Appomattox.
7. Explain how the war affected combatants, civilians, the physical environment, and future warfare.
Language Arts: 1.0 Word Analysis, Fluency, and Systematic Vocabulary Development
1.3 Use word meanings within the appropriate context and show ability to verify those meanings by definition, restatement, example, comparison, or contrast.
2.0 Reading Comprehension (Focus on Informational Materials)
2.0 Writing Applications (Genres and Their Characteristics)
Students write narrative, expository, persuasive, and descriptive essays of at least 500 to 700 words in each genre. Student writing demonstrates a command of standard American English and the research, organizational, and drafting strategies outlined in Writing Standard 1.0.
English Language Learner (ELL) Strategies:
Graphic Organizer (KWL -- Chart)
Primary Source Documents
Video Presentation (2 of 2)
Highlighting Information (Marking of Primary Text)
Class Reading (Choral reading of Primary Documents)
Upon entering the classroom students will select a pre-labeled name tag representing a civil war participant. The background to each person listed on a name tag as it relates to the civil war will not be revealed to students.
Students will place selected names tag on their clothing and then students allowed one (1) minute to think about that person whose name appears on the name tag and their moment in history. The teacher will ask students to consider the Who, What, When, Where, and Why, of each person’s life or moment in history. The lets find out aspect of this scenario will be presented via video depicting a civil war battle. The last ten (10) minutes of the film “Glory," shows the 54th Infantry of Massachusetts as it marches into battle at Fort Wagner. Once the film clip ends, students will be informed that they have and are honoring African American soldiers of the 54th Infantry of Massachusetts (“Glory”) who gave their lives for preservation of the union and freedom.
Students select one pre-labeled name tag upon entering the class room and attach name tag to clothing.
Students grouped in fours will reflect upon the person whose name appears on the name tag.
Students will view the final segment of “Glory” in which soldiers are engaged in battle.
Students will be asked to orally reflect upon their thoughts about the 54th Infantry soldiers who are being examined in our class study.
KWL Chart assignment reference African Americans of the Civil War.
Students will preview content specific vocabulary to enhance depth of comprehension.
In groups students will read highlighted sections of primary source documents chronicling African American involvement during the Civil War.
Classroom discussion relating to the importance of primary source documents.
Students will complete independent reading recapping African American participation in the war. (Call To Freedom, pp. 589 - 592 upper left column.)
Students will complete escalator graphic organizer (Time Line) during video presentation entitled, ‘‘Fight ForFreedom”.
Students will examine factual information regarding African American Soldiers on both sides of the conflict.
Students will collaborate within groups regarding knowledge gained through activities and readings.
Groups will be divided evenly within the class room between the northern and southern factions for discussion.
Groups will report out significant information to the class on large white adhesive paper.
Teacher will present overview of all instructional materials used for study of subject matter.
Students will write a 500 - 700 word expository essay regarding African Americans during the civil war.
Textbook (Call To Freedom -- Beginnings to 1914)
Primary Document: Emancipation Proclamation, First & Second Confiscation Acts, Jefferson Davis’ Confederate Proclamation, etc.
Music (Nicole C. Mullen - “Freedom”)
White Paper (Poster Size)
Civil War: African American In Gray & Blue
Expository Writing Rubric/Assessment
is fresh and original (thesis)
has a purposeful organizational plan
shows unusual connections and reflective commentary
uses innovative, effective and appropriate sentence structure
After reading the text and "learning" the material, go back to the "K" column and see if any of your prior knowledge was inaccurate. Check any of them that are inaccurate, according to the text. Rewrite any of your statements that were inaccurate so they are correct.
Then go to the "W" column and check any of your questions that the text did not answer. Be prepared to bring these unanswered questions up in class, or tell how you will find answers to them and where you will look to get the answers.
n: freeing someone from the control of another
Proclamation n: a formal public statement
n: the formal act of proclaiming
adj: engaging in or ready for combat
n: someone who fights (or is fighting)
contraband adj:distributed or sold illicitly
n: goods whose importation or exportation or possession is prohibited by law
confiscation n: seizure by the government
Act n: a legal document codifying the result of deliberations of a committee or society or legislative body
An executive order abolishing slavery in the Confederate States of America.
Second Confiscation Act frees the slaves of persons engaged in or assisting the rebellion and provides for the seizure and sale of other property owned by disloyal citizens; it also forbids army and navy personnel to decide on the validity of any fugitive slave's claim to freedom or to surrender any fugitive to any claimant, and authorizes the president to employ "persons of African descent" in any capacity to suppress the rebellion
First Confiscation Act nullifies owners' claims to fugitive slaves who had been employed in the Confederate war effort: provides for the seizure of property, including slaves, used for insurrectionary purposes. (Slaves captured were considered contraband.)
Confederate President Davis issues proclamation ordering that black Union soldiers and their officers captured by Confederate troops are not to be treated as prisoners of war; instead, they are to be remanded to Confederate state authorities.
Civil War African American Soldiers
Escalator Model Organizer
AFRICAN AMERICAN SOLDIERS IN BLUE (UNION ARMY)
The Federal program to admit black soldiers during the Civil War was not without precedent or resistance. American blacks had taken part in the country's defense since the Revolutionary War and the War of 1812. By the mid-nineteenth century, their earlier efforts were all but forgotten. The government's call for 75,000 volunteers in April 1861 compelled many Northern blacks to offer their services to a War Department opposed to arming blacks for fear it would induce the loyal slave-holding border states to join the Confederacy. However, by the fall of 1862, events had changed in favor of accepting black soldiers. Declining Union enlistments, heavy battle losses and the realization that the war would take more time and resources than expected, confronted President Abraham Lincoln and the Union Army. Continued pressure by abolitionists and awareness of the potential of black labor as the Confederacy had already discovered, also contributed to lifting the Army's prohibition of "Negroes or Mulattoes," in existence since 1820.
The formal Emancipation Proclamation, issued on January, 1863, freed all slaves in rebellious states with the exception of those in areas already under Union control. The Proclamation also declared that freed slaves would be officially received into the armed forces. Lincoln's decision gave a higher meaning to a war initially focused on preservation of the Union - abolition. "A double purpose induced me and most others to enlist, to assist in abolishing slavery and to save the country from ruin," wrote Medal of Honor winner Sgt. Major Christian Fleetwood of the 4th U.S.C.T. Frederick Douglass and other leaders saw black military service as an opportunity to win a Union victory and to gain equality and rights as citizens. As Douglass stated: "Once let the black man get upon his person the brass letters 'U.S.,' let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, and there is no power on earth which can deny that he has earned the right to citizenship in the United States."
AFRICAN AMERICAN SOLDIERS IN BLUE (UNION ARMY)
In 1862, several black regiments were recruited by white officers in the South and West without Presidential or Congressional authorization. The combat actions of the 1st South Carolina, a regiment of ex-slaves raised by Generals David Hunter and Rufus Saxton, received notice in the Northern press. The regiment's commander, Massachusetts abolitionist and man of letters Col. Thomas Wentworth Higginson, wrote encouraging reports about this regiment: "Nobody knows anything about these men who has not seen them in battle...No officer in this regiment now doubts that the successful prosecution of the war lies in the unlimited employment of black troops."
Like Higginson, a number of Northern white officers, many from leading anti-slavery families and circles, were genuinely sympathetic to the cause of black troops, among them Robert Gould Shaw, Edward N. Hallowell, Norwood P. Hallowell and James C. Beecher. Kansas raised the next early regiment, the 1st Kansas Volunteers, under the direction of Senator James Lane. Their performance in a Missouri raid further helped dispel the notion that blacks were unable or unwilling to fight.
In Union-held New Orleans, military governor Gen. Benjamin Butler's 1st, 2nd and 3rd Louisiana Native Guards, the Corps D'Afrique, were formed from existing free black militia units and supervised by Gen. Daniel Ullmann. Major Francis E. Dumas and Paris-educated Captain Andre Cailloux, who proudly described himself as the blackest man in New Orleans, exemplified the affluent freeman who commanded these units. Many were to resign, however, because of tension in the ranks and the Army's official policy of excluding blacks from leadership positions and officer promotions.
Southern territory under Union control provided the largest number of black soldiers during the war, further weakening the South's economic base. Many were fugitive slaves or "contrabands," a military term for seized enemy property like cotton, machinery or other goods. The refugees sought freedom, safety and employment behind the Federal lines where many served as soldiers, laborers, servants, teamsters, scouts, spies, teachers and nurses. Former slave Susie King Taylor chronicled her experiences as a laundress, teacher and nurse for her husband's regiment, the 1st South Carolina. Charlotte Forten, a well-educated teacher from the North, recorded her wartime participation in the Federal experiment to educate and prepare slaves for emancipation along the coast of South Carolina. Noted pre-war black activists Harriet Tubman and Sojourner Truth served as spies and nurses, Tubman in the South and Truth in the North.
THE BLACK CONFEDERATE SOLDIER
How many Black soldiers served for the Confederacy in the War Between the States? Perhaps no one will ever know. Estimates run anywhere from 30,000 to 100,000, however, because the victors - the north - needed to give the world the impression the War was fought over slavery, a concerted scheme was put into motion to suppress the figures by destroying records, thus giving credence to their 'the war was fought over slavery' mantra. While a large number of government records were distorted or destroyed, thousands of 'other' records in the form of letters and photos remain.
Black Confederates Have Their Own Lesson to Teach
By Vincent F.A. Golphin
It's great. After more than 130 years, black Civil War soldiers who fought for the North got their due. The recent unveiling of the Spirit of Freedom sculpture in the nation's capital is a breathtaking reminder of the more than 208,000 African Americans who risked their lives. Yet, sadly the whole story remains untold-African Americans who fought for the Confederacy were left out.
Blacks who wore the gray are not heroes to most African Americans, but their stories are as important as the reason many southern blacks fought for the North. Without acknowledgement of the role of an estimated 90,000 African Americans who joined rebel ranks, we celebrate a half-truth. That robs us of the chance to understand blacks' complex participation in the war.
Researchers have fought hard to earn African Americans even a footnote in chronicles of the nation's bloodiest conflict. University of Virginia Associate Professor Ervin L. Jordan, whose 1995 book, was a landmark study, said most African Americans can't look objectively at what he calls "Afro-Confederates."
"It's not going to happen," he said. "Look at what the Confederacy stood for, and look at how the Confederate flag is being used. When black people see a Confederate they see an enemy." That's a fact.
Yet reading about black Confederates adds a peculiar twist to what many historians try to portray as a simple story. In the end, to grasp how some blacks acted against their best interest 130 years ago, might help some African Americans today.
Even on November 11, when the granite panels with 208,943 black Union soldiers and sailors' names will be added to the $2.6 million, 11-foot, bronze monument in Washington, D.C., most Americans will still see the Civil War as a white struggle on behalf of blacks.
Within 10 years of the war, Union and Confederate officials whitewashed (no pun intended) the roles. Black Union and Confederate veterans who applied for soldiers pensions were often denied, or reclassified as laborers, feeding the myth that their contributions and numbers were insignificant.
As University of Pittsburgh art historian Kirk Savage described the situation to States News Service, statues cast after the war were erected by white men in public spaces controlled by white men. Often, such statues depicted black slaves kneeling and white soldiers standing.
Efforts by black Confederate soldiers' descendants to piggy-back the July 19 African American Civil War Monument dedication were squelched. According to a press release from the Sons of Confederate Veterans, an organization that honors the rebels' cause, one of their members, Dr. Emerson Emory, a black Dallas physician, was invited to participate in the ceremony in April and dropped from the program in May. Apparently, the African American Civil War Monument Committee saw any recognition of those who fought for the losing side as an embrace of the Confederacy's ideals.In truth, many on both sides battled for self-interest.
"I think a lot of it was heritage and pride," said Stan Armstrong, a Las Vegas filmmaker. His current documentary project, "Forgotten Heroes," is about black
Confederate soldiers. "New Orleans boasted about having the richest blacks in the South. At the start of the war, when the South left the Union, 2,500 men of color in New Orleans were the first one's to come to the aid of the Confederacy. Some of them were even captains, lieutenants and other officers."
Jordan said some of them were plain crazy. "Some of them were only looking out for themselves," he added. "Some of them were being pragmatic about where they were, especially free blacks. They felt if they demonstrated loyalty to the Confederacy that would keep them from being enslaved."
The Jim Crow era shows those who fought on both sides were deceived. Even white Americans are sometimes ashamed to admit that so many blacks gave all for a freedom that never came. But, black Confederates are still considered the bigger fools. That is why most African Americans want them to be forgotten
Blacks Who Fought For the South
Most historical accounts portray Southern blacks as anxiously awaiting President Abraham Lincoln's "liberty-dispensing troops" marching south in the War Between the States. But there's more to the story; let's look at it.
Black Confederate military units, both as freemen and slaves, fought federal troops. Louisiana free blacks gave their reason for fighting in a letter written to New Orleans' Daily Delta: "The free colored population love their home, their property, their own slaves and recognize no other country than Louisiana, and are ready to shed their blood for her defense. They have no sympathy for Abolitionism; no love for the North, but they have plenty for Louisiana. They will fight for her in 1861 as they fought in 1814-15." As to bravery, one black scolded the commanding general of the state militia, saying, "Pardon me, general, but the only cowardly blood we have got in our veins is the white blood."
Gen. Nathan Bedford Forrest had slaves and freemen serving in units under his command. After the war, Forrest said of the black men who served under him, "These boys stayed with me. - and better Confederates did not live." Articles in "Black Southerners in Gray," edited by Richard Rollins, gives numerous accounts of blacks serving as fighting men or servants in every battle from Gettysburg to Vicksburg.
Professor Ed Smith, director of American Studies at American University, says Stonewall Jackson had 3,000 fully equipped black troops scattered throughout his corps at Antietam - the war's bloodiest battle. Mr. Smith calculates that between 60,000 and 93,000 blacks served the Confederacy in some capacity. They fought for the same reason they fought in previous wars and wars afterward: "to position themselves. They had to prove they were patriots in the hope the future would be better ... they hoped to be rewarded."
Many knew Lincoln had little love for enslaved blacks and didn't wage war against the South for their benefit. Lincoln made that plain, saying, "I will say, then, that I am not, nor have ever been in favor of bringing about in any way the social and political equality of the white and black races ... I am in favor of having the superior position assigned to the white race." The very words of his 1863 Emancipation Proclamation revealed his deceit and cunning; it freed those slaves held "within any State or designated part of a State the people whereof shall then be in rebellion against the United States." It didn't apply to slaves in West Virginia and areas and states not in rebellion. Like Gen. Ulysses Grant's slaves, they had to wait for the 13th Amendment, Grant explained why he didn't free his slaves earlier, saying, "Good help is so hard to come by these days."
Lincoln waged war to "preserve the Union". The 1783 peace agreement with England (Treaty of Paris] left 13 sovereign nations. They came together in 1787, as principals, to create a federal government, as their agent, giving it specific delegated authority -specified in our Constitution. Principals always retain the right to fire their agent. The South acted on that right when it seceded. Its firing on Fort Sumter, federal property, gave Lincoln the pretext needed for the war.
The War Between the States, through force of arms, settled the question of secession, enabling the federal government to run roughshod over states' rights specified by the Constitution's 10th Amendment.
Sons of Confederate Veterans is a group dedicated to giving a truer account of the War Between the States. I'd like to see it erect on Richmond's Monument Avenue a statue of one of the thousands of black Confederate soldiers.
Source: This article appeared in the Washington Times some years back. It was written by Walter Williams, an economics professor at George Mason University, a nationally syndicated columnist, an African-American, and one of the most effective speakers I have ever heard! www.civilwarhome.com/blacks.htm FIRST CONFISCATION ACT (August 6, 1861) CHAP. LX.—An Act to confiscate Property used for Insurrectionary Purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employe, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.
SEC. 2. And be it further enacted, That such prizes and capture shall be condemned in the district or circuit court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted.
SEC. 3. And be it further enacted, That the Attorney-General, or any district attorney of the United States in which said property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.
SEC. 4. And be it further enacted, That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act.
APPROVED, August 6, 1861.
U.S., Statutes at Large, Treaties, and Proclamations of the United States of America, vol. 12 (Boston, 1863), p. 319.
SECOND CONFISCATION ACT (July 17, 1862)
CHAP. CXCV.—An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the court, he shall be imprisoned for not less than five years and fined not less than ten thousand dollars, and all his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding.
SEC. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.
SEC. 3. And be it further enacted, That every person guilty of either of the offences described in this act shall be forever incapable and disqualified to hold any office under the United States.
SEC. 4. And be it further enacted, That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.
SEC. 5. And be it further enacted, That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the army of the United States, that is to say:
First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the government of the United States.
Secondly. Of any person hereafter acting as President, Vice-President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner or consul of the so-called confederate states of America.
Thirdly. Of any person acting as governor of a state, member of a convention or legislature, or judge of any court of any of the so-called confederate states of America.
Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the so-called confederate states of America.
Fifthly. Of any person hereafter holding any office or agency under the government of the so-called confederate states of America, or under any of the several states of the said confederacy, or the laws thereof, whether such office or agency be national, state, or municipal in its name or character: Provided, That the persons, thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of secession of the state, or shall have taken an oath of allegiance to, or to support the constitution of the so-called confederate states.
Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion; and all sales, transfers, or conveyances of any such property shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.
SEC. 6. And be it further enacted, That if any person within any State or Territory of the United States, other than those named as aforesaid, after the passage of this act, being engaged in armed rebellion against the government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, moneys, stocks, and credits of such person shall be liable to seizure as aforesaid, and it shall be the duty of the President to seize and use them as aforesaid or the proceeds thereof. And all sales, transfers, or conveyances, of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.
SEC. 7. And be it further enacted, That to secure the condemnation and sale of any of such property, after the same shall have been seized, so that it may be made available for the purpose aforesaid, proceedings in rem shall be instituted in the name of the United States in any district court thereof, or in any territorial court, or in the United States district court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if movable, may first be brought, which proceedings shall conform as nearly as may be to proceedings in admiralty or revenue cases, and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies' property and become the property of the United States, and may be disposed of as the court shall decree and the proceeds thereof paid into the treasury of the United States for the purposes aforesaid.
SEC. 8. And be it further enacted, That the several courts aforesaid shall have power to make such orders, establish such forms of decree and sale, and direct such deeds and conveyances to be executed and delivered by the marshals thereof where real estate shall be the subject of sale, as shall fitly and efficiently effect the purposes of this act, and vest in the purchasers of such property good and valid titles thereto. And the said courts shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises.
SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the government of the United States; and all slaves of such person found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.
SEC. 10. And be it further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offence against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.
SEC. 11. And be it further enacted, That the President of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.
SEC. 12. And be it further enacted, That the President of the United States is hereby authorized to make provision for the transportation, colonization, and settlement, in some tropical country beyond the limits of the United States, of such persons of the African race, made free by the provisions of this act, as may be willing to emigrate, having first obtained the consent of the government of said country to their protection and settlement within the same, with all the rights and privileges of freemen.
SEC. 13. And be it further enacted, That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.
SEC. 14. And be it further enacted, That the courts of the United States shall have full power to institute proceedings, make orders and decrees, issue process, and do all other things necessary to carry this act into effect.
APPROVED, July 17, 1862.
U.S., Statutes at Large, Treaties, and Proclamations of the United States of America, vol. 12 (Boston, 1863), pp. 589-92.