Special Field Orders No. 15
Special Field Orders, No. 15 (series 1865) were military orders issued during the American Civil War, on January 16, 1865, by General William Tecumseh Sherman, commander of the Military Division of the Mississippi of the United States Army. They provided for the confiscation of 400,000 acres (1,600 km2) of land along the Atlantic coast of South Carolina, Georgia, and Florida and the dividing of it into parcels of not more than 40 acres (0.16 km2), on which were to be settled approximately 18,000 freed slave families and other Blacks then living in the area.
The orders were issued following Sherman's March to the Sea. They were intended to address the immediate problem of dealing with the tens of thousands of black refugees who had joined Sherman's march in search of protection and sustenance, and "to assure the harmony of action in the area of operations". His intention was for the order to be a temporary measure to address an immediate problem, and not to grant permanent ownership of the land to the freedmen, although most of the recipients assumed otherwise. General Sherman issued his orders four days after meeting in Savannah, Georgia with twenty local black ministers and lay leaders and with U.S. Secretary of War Edwin M. Stanton. Brig. Gen. Rufus Saxton, an abolitionist from Massachusetts who had previously organized the recruitment of black soldiers for the Union Army, was put in charge of implementing the orders.
Although mules are not mentioned in the order, it was a main source for the expression "forty acres and a mule."
Special Field Orders No. 15.
Headquarters Military Division of the Mississippi,
In the Field, Savannah, Ga., January 16, 1865.
I. The islands from Charleston south, the abandoned rice-fields along the rivers for thirty miles back from the sea, and the country bordering the Saint Johns River, Fla., are reserved and set apart for the settlement of the BLACKS now made free by the acts of war and the proclamation of the President of the United States.
II. At Beaufort, Hilton Head, Savannah, Fernandina, Saint Augustine, and Jacksonville the blacks may remain in their chosen or accustomed vocations; but on the islands, and in the settlements hereafter to be established, no white person whatever, unless military officers and soldiers detailed for duty, will be permitted to reside; and the sole and exclusive management of affairs will be left to the freed people themselves, subject only to the United States military authority and the acts of Congress. By the laws of war and orders of the President of the United States the negro is free, and must be dealt with as such. He cannot be subjected to conscription or forced military service, save by the written orders of the highest military authority of the Department, under such regulations as the President or Congress may prescribe; domestic servants, blacksmiths, carpenters, and other mechanics will be free to select their own work and residence, but the young and able-bodied negroes must be encouraged to enlist as soldiers in the service of the United States, to contribute their share toward maintaining their own freedom and securing their rights as citizens of the United States. Negroes so enlisted will be organized into companies, battalions, and regiments, under the orders of the United States military authorities, and will be paid, fed, and clothed according to law. The bounties paid on enlistment may, with the consent of the recruit, go to assist his family and settlement in procuring agricultural implements, seed, tools, boats, clothing, and other articles necessary for their livelihood.
III. Whenever three respectable negroes, heads of families, shall desire to settle on land, and shall have selected for that purpose an island, or a locality clearly defined within the limits above designated, the inspector of settlements and plantations will himself, or by such sub-ordinate officer as he may appoint, give them a license to settle such island or district, and afford them such assistance as he can to enable them to establish a peaceable agricultural settlement. The three parties named will subdivide the land, under the supervision of the inspector, among themselves and such others as may choose to settle near them, so that each family shall have a plot of not more than forty acres of tillable ground, and when it borders on some water channel with not more than 800 feet water front, in the possession of which land the military authorities will afford them protection until such time as they can protect themselves or until Congress shall regulate their title. The quartermaster may, on the requisition of the inspector of settlements and plantations, place at the disposal of the inspector one or more of the captured steamers to ply between the settlements and one or more of the commercial points, heretofore named in orders, to afford the settlers the opportunity to supply their necessary wants and to sell the products of their land and labor.
IV. Whenever a negro has enlisted in the military service of the United States he may locate his family in any one of the settlements at pleasure and acquire a homestead and all other rights and privileges of a settler as though present in person. In like manner negroes may settle their families and engage on board the gunboats, or in fishing, or in the navigation of the inland waters, without losing any claim to land or other advantages derived from this system. But no one, unless an actual settler as above defined, or unless absent on Government service, will be entitled to claim any right to land or property in any settlement by virtue of these orders.
V. In order to carry out this system of settlement a general officer will be detailed as inspector of settlements and plantations, whose duty it shall be to visit the settlements, to regulate their police and general management, and who will furnish personally to each head of a family, subject to the approval of the President of the United States, a possessory title in writing, giving as near as possible the description of boundaries, and who shall adjust all claims or conflicts that may arise under the same, subject to the like approval, treating such titles altogether as possessory. The same general officer will also be charged with the enlistment and organization of the negro recruits and protecting their interests while absent from their settlements, and will be governed by the rules and regulations prescribed by the War Department for such purpose.
VI. Brig. Gen. R. Saxton is hereby appointed inspector of settlements and plantations and will at once enter on the performance of his duties. No change is intended or desired in the settlement now on Beaufort Island, nor will any rights to property heretofore acquired be affected thereby.
By order of Maj. Gen. W. T. Sherman:
L. N. DAYTON, Assistant Adjutant-General.— William T. Sherman, Military Division of the Mississippi; 1865 series - Special Field Order 15, January 16, 1865.
Publication in the Official Record
- Order by the Commander of the Military Division of the Mississippi
- O.R. Series 1, Volume 47, Part 2, 60-62
- "HARMONY OF ACTION" - SHERMAN AS AN ARMY GROUP COMMANDER
- Eric Foner, Reconstruction: America's Unfinished Revolution, Harper and Row, 1988, p.70
- Buescher, John. "Forty Acres and a Mule." Teachinghistory.org. Accessed 12 July 2011.