In our camp he soon learned that
he was free, under the Act of Congress, and he remained with us, the
servants about headquarters giving him food. When I returned to
Gauley Bridge, Mr. Smith appeared and demanded the return of the man
to him, claiming him as his slave. He, however, admitted that he had
been servant to Major Smith in the rebel army with his consent. The
man refused to go with him, and I refused to use compulsion,
informing Mr. Smith that the Act of Congress made him free. The
claimant then went to General Rosecrans, and I was surprised by the
receipt, shortly after, of a note from headquarters directing the
giving up of the man. [Footnote: Letter of Major Darr, acting A. A.
G., November 18.] On my stating the facts the matter was dropped,
and I heard no more of it for a month, the man meanwhile
disappearing. Soon after my headquarters were moved to Charleston,
in December, I received another note from headquarters, again
directing the delivery of the fugitive. [Footnote: Letter of Captain
Hartsuff, A. A. G., December 13.] Again I gave a temperate and clear
statement of the facts, adding that I had reason to believe the man
had now taken advantage of his liberty to go to Ohio.
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