The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-14
fNE WAR NOT FOR ABOLITION.
Acts Of the Federal Government and Con-
grcs-Unanimous Vote OF the House Of
Representatives Repudiatlng the Idea Of
Interfering with Slayery-Proposcd
Amendment to the Constitution Presl-
dent LmeOIn's DisavOwal Of Genera
FremOnt's Proclamation Secretary Came
sr0n's Letter ON the Subject Of Fugitive
,Siaves-DeclaratiOns Of the Secretary Of
the Interior and Attorney General,
&c. &C., &c.

the rebeous States and TO prove beyond all question that
emancipation or any interference whatever with the in
stuton Of slavery in the States where exists forms
part of the policy, deem appropriate at this time
group together some facts bearing on the subject.
RESOLUTION OF THE HOUSE OF REPRESENTATIVES.
Tho first in point Of time well the most conclusive
and definite, ID the declaration Of the House Of Repre-
sentativcs made the 18th OF February 1851 On that
day Mr.. Palmer of this State, introduced the following
resolution
Resolved That neither the federal government nor the
people governments of nonsavehodng States hayea
purpose or constitutional right to legsate upon, or inter-
fere with, slavery In any Stale OF the Union.
After running discussion Mr.. Sherman, Of Ohio Offer
ed the following substitute
Resolved That neither Congress the people
vernmens Of the non saveholdng States have cons-
tutonal right legsate upon interfere with slavery
n any slayeholdng State Of the Union.
Upon this the yeas and nays taken, and the re-
guilt its unanimous adopon-there being yeas 1911
70 nays.
Here a republican House, presided over by re-
publican Speaker, making the unanimous and solemn
declaration on the motion Of republican Chairman Of
tho Committee Of Ways and Means that neither Congress-
tho people governments of the free States had any
Fight to interfere with slavery any State whore
existed.
In addition to this both houses Of Congress proposed
an amendment to the constitution by twot thirds vote
guaranteeing tho integrity Of slavery in the States where
Ut now exists.
THE PRESIDENTS DIsAyowAL OF FREMoNT's FRO
CLAMATIoN.
The next official declaration in reference to tho
subject the letter of President Lincoln, annung that
portion Of General Fremons procamat which declared
the slaves OF rebels emancpated 1t is as follows
WASHINGTON, D. c.. Sept. H. 1861.
MAJOR GENERAL JOHN c. Fremont
StR-fours Of the sth, in answer to mine Of the Cd
arSt., just received Assured that you upon the
ground could better judge Of the necessities Of your
ston than could at this distance seeing procla-
nation OF August 80 perceived general objection to
Y; the particular clause however relation to the
Tcation Of property and the liberation Of slaves appeared
70 me TO be objectionable in its conformity the act
OF Congress passed the 9th Of last August upon the
subject and hence wrote you expressing my wish that
that clause should be modified accordingly. Youranswer
just received expresses the preference your part
should make an open order for the modification which
very cheerfuly do II is therefore, ordered that the
said clause of said proclamation DO modified held and
construed as TO conform with and not TO transcend the
provisions the same subject contained in the act Of
Congress entitled IAN act to conscate property used for
insurfeconary purposes approved August g. 1861 and
chat said act be published at length with this order
Your obedient servant, A. LINCOLN.
The meaning Of this is that the act Of August simply
ocated property ncluding slaves) used against the
government, whereas Fremonts proclamation emaacpaed
the slaves Of rebel masters The President therefore,
disapprovcd Of it, and TO that extent annuled IT, In
reference to the subject Attorney General gave
opinion that the laws Of Missouri including those gov
ernng slavery still full force throughout tho State
SECRETARY CAMERON'S ORDER AS TO FUGITIVE
SLAVES.
large number Of fugitive slaves having made their
way to Fortress Monroe, and question arising what
disposition should be made of them the Secretary War
made the following order on the subject
WASHINGTON, August -, 1861
GESERll-The important question OF the proper dspo.
son to be made of ugitives from in the States
in nsurrection against the federal government which
you have again directed my attention in your letter Of
July 20, has received my most attentive consideration
Ais the desire fthe President that all erng rights all
Che States Be fully respected and maintained. The war
yorn,ncnt is war for the Union for the pr,ssfy.
alton of all the constitutional rights of the States nj
She citizens or the States in the Union Hence no aues
ton can arise as to fugves from service within the
States and Territories in which the authority Of the
Union is fully acknowledged. The ordinary form Of
Judicial proceedings must be respected by military
and civil authorities alike for the enforcement legal
forms But in the States wholly or in part under nsur
recsonary contro' where the laws Of the United States
arc so far opposed and resisted that they cannot be
eaectualy cnforced IL is obvious that the rights de-
pendent upon the execution of those laws Temporal
yy fail and is equally obvious that the rights depend
ent on the laws Of the state within which military opera
lions conducted must be necessarily subordinate
the military exigencies created by the instruction not
wholly forfeited by the reasonable conduct Of parties
Claiming Them To this the general rule of right to
vices forms exception The act Of Congress approved
August 6, 1851 declares that If persons held to service
shal be employed in hostility the United States the
right to their services shall he forfeited and such persons
shall be discharged therefrom. II follows Of necessity
that claim be recognized by the military authority
Of the Union for the services Of such persons when fug
tves.
more difficult question presented respect per-
sons escaping from the service loyal masters quite
apparent that the laws Of the state, under which only
tc service Of such fugtves be claimed must nccs
be wholly or almost wholly ssf ended AS to the rene
ics by the nsurrecon and the military measures neces
stat by it, it IL equally apparent that the substitution
OF military for judicial easar,s for the enforcement If
such claims must be attended by great inconvenenccs
embarras ments and inquiries. Under these circum-
stances Il eeeas quite car ha' HE substantial agab Of
loyal niderS are l best protct3 ~ gtCerina sach jugi
tces, icct GsJu9ituss from d gGi oS7 a,1 tie ser
gaee # III Unt,ed StGies and employing them unde1 steh
suggest tc1nirc. or record should he kept
showing name and description Of The fugitiyes; the
name and the character, as loyal disoyal of the
master aud snch facts as may be necessary
70 correct understanding Of the circumstances
N each case, after tranquility shall have been
fcstored. Upon the return OF peace Congress
win doubtless properly provide for all the psr-
Cons it has received into the service Of the Union and
for Just compensation to Gya masters. IN this way
pny would seem the duty aud safety of the 90
Eornmen and the just rights Of ali le fully reconced and
You will therefore consider Yourself Instructed to GO
vefn your future action IN respect TO ug from
Vice by The premises herein stated and viii report from
time q tic and at least twice i'll each month. your action
in the emises 10 this department. You wiH houeer,
3eter Gahrse permit diy nj iFeyeace In Die Yos
ander yr command ,ch TIE se,edas Of peaceful cti:t,s
81 h9nse n e,a 1or .cR yoa IN ay uCy encourage such
you, encgt @ere The p,tic good aaysee 10 require
~ PREF NJ me utad1y 'euR Of cay fu5ititsio itssrice
from iehii he may ha'v ccdfst nm, very respectfully
SIMON CAMERON, Secretary of War
To Major General BrtgR, commanding Deaart!ncnt Of
Virginia. Fortress Monroe.
srEEcH OF THE SECRETARY OF TIE INTERIOR.
The Hon Caleb Smith, Secretary of the Interior adj.
dressed public'heeng N Providence, r. L. on the 10th
of August lie said in reference to the slavery question:
1t is the questioned domestic servtude that has rent
asunder tic temple of liberty What is there IN this qus.
fion OF slavery that should divide the reopcy Why my
friends, when this government was formed, when We
marched the battle fields of the Revolution every
State Of the Union, with single exception, ac1nowc gd
the institution Of slavery i has been abolished III New
England, in New York and Pennsylvania, and orr States