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‘ [8] lawful capture in war upon the land, it is perfectly clear that, in every stipulation, private property shall be respected; or that, upon the restoration of places taken during the war, it shall not be carried away.’1 Sectional hostility and party zeal had not then so far undermined the feeling of fraternity which generated the Union as to make a public officer construe the Constitution as it might favor or injure one section or another, and Great Britain was, from a sense of right, compelled to recognize the wrong done in deporting slaves, the private property of American citizens.

On December 4, 1861, the President of the United States issued an order to the commander in chief relative to slaves as above mentioned, in which he said, ‘Their arrest as fugitives from service or labor should be immediately followed by the military arrest of the parties making the seizure.’ Had Congress and the President made new laws of war?

Although the government of the United States did not boldly proclaim the immediate emancipation of all slaves, the tendency of all its actions was directly to that end. To use a favorite expression of its leaders, the Northern people were not at that time ‘educated up to the point.’ A revolt from too sudden a revelation of its entire policy was apprehended. Even as late as July 7, 1862, General McClellan wrote to the authorities at Washington from the vicinity of Richmond, ‘A declaration of radical views, especially upon slavery, will rapidly disintegrate our armies.’ Nevertheless, when policy indicated it, the declaration came, as will be seen hereafter. Meantime, General Fremont, in command in Missouri, issued a proclamation on August 31, 1861, declaring the property, real and personal, of all persons in arms against the United States, or taking an active part with their enemies, to be confiscated, and their slaves to be free men. This was subsequently modified to conform to the terms of the above-mentioned confiscation act. General Thomas W. Sherman, commanding at Port Royal in South Carolina, was instructed on October 14, 1861 to receive all persons, whether slaves or not, and give them employment, ‘assuring all loyal masters that Congress will provide just compensation to them for the loss of the services of the persons so employed.’ To others no relief was to be given. This was, by confiscation, to punish a class of citizens, in the emancipation of every slave whose owner rendered support to the Confederate States. Finally General Halleck, who succeeded Fremont, and General Dix, commanding near Fortress Monroe, issued orders not to permit slaves to come within their lines. They were speedily condemned for this action because

1 American State Papers, Vol. IV, pp. 122, 123.

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