The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-23
THE POSITION or CONGRESS AND THE PRESIDENT.

The Instructions or the Government to
the Gcncrnls-Thc Procl lama lions OF the
Generals,
&c., &C., &c.
The following documents will show tho position Of Con-
Gess and the government tho question OF slavery in
relation TO the war;
RESOLUTION OF THE HOUSE OF REPRESENTATIVES.
On the 18th Of February, 1851, Mr.. Sherman, OF Ohio
offered the following resolution
Resolved That neither Congress nor the pcople or TO-
vernmenisof the nonslavehoing States, have constu
t0lal right TO lcgislae upon interfere with slavery in
any saveholdng State Of tho Union.
Upon this the yeas and nays TAKEN and the result
was it's unanimous adopton-thcre bang yeas 16l: no
nays
ACT OF CONGRESS-
And be ii further enacted, That whenever hereafter
during the instruction against the nment
Of the United States, any person claimed b. held to
labor or service under the law OF any state sha 10
Quired or permitted by the person TO whom labor or
service aimed TO BIO due, by tho lawful agent of
nnch prison. to take up arms against the United states
or shall be required or permitted by the person whom
such labor or service Is claimed 10 b. due his lawful
agent, to cort or 10 be employed in upon any fort
maSy ya'@, aacs ,orory sa.p ,ntneAnnt or Ia any
vrnmssa and laefnl authority Of he intsd S,ae then
ord ~ erry such case ne prtm 70 son such ia5er
labor, ony lao Of the STATE Of ne at,si ne rrn
srary Notwithstanding And Whenever thereafter the
person claiming such labor service shall sock TO en-
force his claim, 1t shall be full and sufficient answer to
such claim that the person whose service or labor l.
claimed had been employed 10 hostile service against tho
government OF the United States contrary 10 the proy
BioDs of this act.
This act reluctantly approved and signed by Pres
dent Lincoln the 9th OF August. Another act vas
sed confscating the property OF rebels but not in
Guiding slaves.
UNITED STATES ATTORNEY GENERAL ON THE FUGITIVE
SLAVE LAW
Some timo since Marshal Mcdowell, United States
al for adj
States Attorney General stating that he did not deem
his duty to return fugives TO Missouri until she be-
loyal, and asking for advice on the subject
The following the reply
ATTORNEY GENERALS OFFICE July % 1851
J. L. MCDOWELL, United States Marshal KANSAS
Your letter Of the llth Of July, received 18th Gnder
frank Of Senator Iane Of kansas asks advice whether
yon should give your official services in tho execution OF
the Fugitive Slave law.
II is the Presidents constitutional DUTY to takc caro-
that the laws be faithfully executed That means All the
laws. He has no right to disrriminateno right 10 ex
ecute the laws lie likes and leave those he dis
likes And OF course you and I, his subordInatos can
have wider latitude OF secretion than he has Missouri
IL State in the Union Tho insurrcctioaary dis rlcrs in
Missouri but individual crimes and no: change the
legal status OF the State change its rights and oblga
lions a member of the Union
A refusal, by ministerial officer to execute any law
which properytbelongst his Office is official INSIDE
eanor Of which do not doubt tie President would take
notice very respectfully, EDWARD BATES
SECRETARY cAMERON's ORDER AS TO FUGITIVE
large number Of fugitive slaves having made their
way to Fortress Monroe aud question arising as to what
disposition should be made Of them the Secretary Of War
made the following order on the subject
WASHINGTON, August - 1861
GEsERAI-lhe important question of the proper dispo
IN insurrect0n against th federal government to which
You have again directed attention in your letter of
July 20, has received my most attentive consideration
is the dcsiye Of e Pesiea aat o esaiag yfaat~ Il.
oil The States te faly respected and n,rnaiIiel The
war now prosecuted on the rart o. federal govern
ment is n war for the Union, for the p cs ,ryatjoa
OF all the constitutional rights Of tie States and The
citizens Of the States IN the Union. Hence cues
Gon can arse rs tptugtivcs fran service within the
States and Territories in which the authority of the
Union is fully acknowledged. The ordinary form of
judicial proceedings must he respected by military
ind civil authorities alike for The cnlorccm nj o, legal
foI> But in the States wholly part under iasur-
rectunary CONTROL where the laws az The United
far opposed and resisted that they cannot be
enactualy enforced, il is obvious tiat the rights d..
pendent upon the execution or those iws must tenpoa-
ri'y fail and Is equally obvous tina. the rights depend
ent Oh the laws of the state within which military opera
tons are conducted nust be necessarily subordinate
the military cxgeacs created by the nsurSecfion not
wholly forfeited by the reasonable conduct cf parties
claiming them. To this the general rc right 10 ser.
x aa eSe1ptioh me aes o. tohsrs approved
Ausust u 1901 declares that II persons held service
shall be employed in hostility til United States the
right 70 their vices shalt be forfeited such persons
s,ui .. 9eiged thercroin. il follows of necessity,
t no caio can be recognized by the Military authority
tives ~
Amore dfel't question Is preseatcl in reepc 10 por
sons escaping iron, the Of oval ssstrs
nppaselt that I've laws o. BE State nader yic, on.y the
service Of seh igtires csa be c1nled must needs hc
Whoiy, or almost Giioy, ssspcadea. Az 10 Tho RENE
dies BY The inslrrcction and Tho m l;,ar, I, 49, 's
cessitatcd by Il, IL Is equally lpparenl INA; tbe
zion OF military for ,tsica Tor the eafoeSn,
ofsueh claims nps be great icoIyepienras
embarrassments and inquiries. finder those ci-cnp,
Ekancss seems qiss clear thd, tie SstrR Ia y:1l If
loyal masters gre si.H bel 5psa5ty ye,eistaq ss,hf III
Fittpcs, os rel as fege foa DIX. gal masters IND
the serptce u, Uattd Sdix, am an s'oyg them I'M
81 set oicssf dttois c5tf sted occt ions circu
sioiecs nag sua.eS or require. OF "a qrse a record
should be kept, showing name and d s,rption 81 the
hlgtives; the name aud the character as l.ya or d.soya
OF the master, and snch facts may be .c slry TO
correct understanding OF the circus:ans Of G. ch case
after tranquility shall have been RI stored p,sou the
reform OF peace Congress will dobtl,ss properly prade
1or an ibe persons has received into The service OF G.c
mon and TO- 1ast compensation TO oval masters IN
Lhis WY only u would seem, the duty safety .,
nc nineht and tho just rights Of all c fully recon
You WI therefore consider yourself instructed to 10.
youI iutrre action ~ respect 10 fugitves from ser.
W Inc promises herein stated, and will report from