The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1861-09-19
Letter from, PresS
dent Lincoln

1ucnt Lincoln
The followir WASHINGTON, Sep. IA.
Gen, Fren, g letter from the President to
Thursdsy ont was transmitted by mail on
NJ WASHINGTON, D. c., Sept. II, 1861.
IoR GENERAL JOHN G. FREMONT:
SIR ~ ours of the Sth, in answer to mine OF
the I'd inst, is just received. Assuming that
you, upon the ground, could better Judge of the
necessity OF your position than l could at this
distance, on seeing your proclamation of AUG.
SOth perceive no general objection to II The
particular clause, however, in relation to the
conhscation Ct property and the liberation of
slaves, appeared to me to be Objectionable in
It's non-contormity to the act of Congress pass
ed the 9th OF last August upon the same sub
Ject,.and hence L wrote y0n expressing my wish
that that clause should be modified accordingly.
Your answer, just received, expresses the pref.
erence on your part that should make an Or
der tor the modification, which cheerfully do.
1t is therefore ordered that the said clause of
said proclamation be SO modified, held and SON.
strued as to conform to and not transcend the
provisions on the same subject contained in the
act OF Congress entitled San act to confisca.e
property used for insurrectionary purposes, ap-
proved August 9th, 1851 - and that said act be
published at length with this order.
lSignedl A. LINCOLN
The following is the section of the law of Con-
gress alluded to by President Lincoln:
Sec a. And be 1t further enacted, That when
ever here eater, 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 re-
quired or permitted up 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 re-
quired or permitted by the person to whom
such labor or service is cl aimed 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 full and suf-
hcient answer to such claim that the person
whose service or labor is claimed had been en-
ployed in hostile service against the Govern
ment of the United States, contrary to the pro
visions of this act.
Approved, August 6, 1861.
1t will be seen that while Gen. Fremont af-
ter uec1aIIuStharIlal Law, announces In terms
the freedom of the slaves of all masters who
take part against the authority of the United
States, the President, overlooking the fact that
Martial Lao ouerrides, as military necess;tg,
the ta,oS OF Congress as aceU as the laos of the
State in lcich it is declared, narrows the General
down to the liberation slaves that have borne
arms against the Government, or have been
employed upon some naval or military work
against the authority of the United States We
quote FremoDts language in the Proclamation,
that it may be contrasted with the law which the
President re-affirms
1.-The property, real and personal, of all per-
sons in the State of Missouri who shall take up
arms against the United States, or who shall
be directly proven to have taken part with heir
enemies in the field, is declared to be confisca-
ted to the public use, and their slaves, if any
they have, are hereby declared free men,
The difference IS essential. The law frees
the slaves who have been engaged in disloyal
pursuits; the Proclamation frees the slaves of
master who are in rebellion against the Govern
ment. By the law, the slaves of Gen. Price
and Ex-Governor jackson, if kept at home rails
ing corn for the rebels, must continue to wear
their shackles. BY the Proclamation, the slave
OF the lowest and meanest of the Missouri reb-
els, the moment his master commits the overt
act, becomes a free man. The distinction is
obvious.-C Chicago Tribune.