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her premature. He accordingly wrote to General Fremont requesting him to modify his proclamation. The general replied with a request that the President himself would make the necessary modifications. President Lincoln therefore issued a special order, Sept. 11, 1861, declaring that the emancipation clause of General Fremont's proclamation be so modified, held, and construed as to conform with and not to transcend the provisions on the same subject contained in the act of Congress approved Aug. 6, preceding. Another instance of the kind occurred at the hands of General Hunter, the following year. That officer, being in command at Hilton Head, N. C., proclaimed the States of Georgia, Florida, and South Carolina, in his department, under martial law, and May 9, 1862, issued an order in which occurred these words: Slavery and martial law in a free country are altogether incompatible. The persons in these States—Georgia, Florida, and South Carolina—heretofore held as slaves are th
t the government the person by whom his labor was claimed, that is, his owner, should forfeit all claims to such labor. The intent at the time this bill was passed was that it should be in force only tentatively, for few were then able to see what proportions the war would assume and what other measures would be found necessary to end it. General Fremont, then in command of the Western Department of the army, chose to assume that the confiscation act of Congress had unlimited scope, and Aug. 31, 1861, issued a proclamation confiscating the property and freeing the slaves of all citizens of Missouri who had taken, or should take, up arms against the government. This action of Fremont embarrassed President Lincoln greatly. For whatever may have been his hope that the outcome of the war would be the final abolition of slavery, he could not fail to see that to permit the generals of the army to take such a course then in this matter was rather premature. He accordingly wrote to Genera
Lincoln greatly. For whatever may have been his hope that the outcome of the war would be the final abolition of slavery, he could not fail to see that to permit the generals of the army to take such a course then in this matter was rather premature. He accordingly wrote to General Fremont requesting him to modify his proclamation. The general replied with a request that the President himself would make the necessary modifications. President Lincoln therefore issued a special order, Sept. 11, 1861, declaring that the emancipation clause of General Fremont's proclamation be so modified, held, and construed as to conform with and not to transcend the provisions on the same subject contained in the act of Congress approved Aug. 6, preceding. Another instance of the kind occurred at the hands of General Hunter, the following year. That officer, being in command at Hilton Head, N. C., proclaimed the States of Georgia, Florida, and South Carolina, in his department, under martial
y be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States. That attention is hereby called to an act of Congress entitled An Act to make an additional Article of War, approved March 13, 1862, and which act is in the words and figures following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the following shall be promulgated as an additional article of war for the government of the army of the United States, and shall be obeyed and observed as such: Article—All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces unde
f war, subject to seizure. He set the ablebodied men to work upon government fortifications, and when they brought their women and children with them he issued rations to them and charged them to the service of the men. The President sustained General Butler's action in this case and the example was followed by other commanders. The government ordered strict accounts to be kept of the labor thus performed, as it was not yet determined that these laborers should be regarded as free. On Aug. 6, 1861, the President signed an act passed by Congress which declared that when any slave was employed in any military or naval service against the government the person by whom his labor was claimed, that is, his owner, should forfeit all claims to such labor. The intent at the time this bill was passed was that it should be in force only tentatively, for few were then able to see what proportions the war would assume and what other measures would be found necessary to end it. General Fremont,
thheld his sanction from the premature attempts to secure it. On July 16, 1862, Congress passed an act for the suppression of slavery, one provision of which declared the absolute freedom of the slaves of rebels under certain operations of war therein defined. This gave the President a wide field for the exercise of executive power, but he used it with great prudence. The patient Lincoln hoped the wise men among the Confederates might heed the threat contained in the act. Finally, in September, he issued the following warning proclamation: Proclamation. I, Abraham Lincoln, President of the United States of America, and Commanderin-chief of the Army and Navy thereof, do hereby proclaim and declare that hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and each of the States, and the people thereof, in which States that relation is or may be suspended or disturbed. That it is
cise such supposed power, are questions which, under my responsibility, I reserve to myself, and which I cannot feel justified in leaving to commanders in the field. Though much displeasure was expressed by many at the time concerning the position thus taken by the President, it was generally admitted later that he was justified in taking it, since it was from no lack of sympathy with the cause of emancipation that he withheld his sanction from the premature attempts to secure it. On July 16, 1862, Congress passed an act for the suppression of slavery, one provision of which declared the absolute freedom of the slaves of rebels under certain operations of war therein defined. This gave the President a wide field for the exercise of executive power, but he used it with great prudence. The patient Lincoln hoped the wise men among the Confederates might heed the threat contained in the act. Finally, in September, he issued the following warning proclamation: Proclamation. I,
d States, including the loss of slaves. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh. Abraham Lincoln. By the President: William H. Seward, Secretary of State. This warning was unheeded, and on the day mentioned the President issued the following proclamation: Proclamation. Whereas, On the 22d day of September; in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following to wit: That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in re
rom any persons to whom such service or labor is claimed to be due; and any officer who shall be found guilty by a court martial of violating this article shall be dismissed from the service. Sec. 2. And be it further enacted, That this act shall take effect from and after its passage. Also, to the ninth and tenth sections of an act entitled An Act to Suppress Insurrection, to Punish Treason and Rebellion, to Seize and Confiscate Property of Rebels, and for other Purposes, approved July 17, 1862, and which sections are in the words and figures following: 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
ng there, will be continued. That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State, or designated part ongs, the following to wit: That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of for suppressing 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 fhe emancipation proclamation That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of S.] Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-seventh.
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