The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-10-25
RErPoNsE OF SENATOR WILKINSON.

MANKATo, October 7th, 1861
GENTLEMEN l received yours of the
9th of September, asking my "position on
the doctrine enunciated by Gen. Fremont
in his proclamation relating to the confisca
ton of negro property of rebels in the State
of Missouri" but not in time to enable me
to answer it at an earlier date. l have no
hesitation in stating that heartily syiupa-
thize with Gen. Fremont in the position
assumed by him in regard to the disposition
to be made of the slave property of rebels in
the State of Missouri and hence l regret
that the President has felt constrained to
modify the proclamation issued by that Of
fcer. In my judgment slavery lies at the
foundation of the unholy and wicked war
which is now being waged against the
Government and the peace of the country.
And l confess that can see no good reason
why blow should not be struck at slavery,
if such course would weaken the enemy,
and paralyze the arm of him who is labor.
ing to destroy the Government.
But it is said that the step taken by Gen.
Fremont transcends, and thus violates the
act OF Congress passed at the last session,
and therefore it should be condemned by all
good people. do not think so 80.
The law Of Congress on this subject
reads as follows .i. D
Sec. 4. And be 1t further enacted, That when
ever hereafter, during the present insurrec-
ton 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
required or permitted by any 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
required or permitted by the person to whom
such labor or service is claimed to be due, or
his lawful agent, to work. to be employed in or
upon any fort, navy yard, dock, armOry, ship,
entrenchment, or in any military or naval ser.
vice whatsoever, against the government and
lawful authority of the United States, then in
every such case,rthe person to whom such la.
Dor 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 not.
withstanding. And whenever thereafter the
person claiming such labor or service shall
seek to enforce his claim, it shall be full and
sufficient answer to such claim that the person
whose service or labor is claimed had been
employed in hostile service against the gov
eminent of the United States, contrary to the
| provisions of this act.
1t will be observed that the section above
quoted, simply provides that any person
| claiming slave, who shall require or per-
NIT him to take up arms against the United
States, or to be employed on any military
or naval works against the Government,
shall forfeit his Claim to such labor. This
section virtually provides that all slaves who
are actually employed in the service of the
rebel army shall be free. But there it stops.
This law does not place any limitations or
restrictions, whatever, upon the military
power of the Government. 1t says what
shall be done in a given case, but it does not
cOn6ne the action of the Government to the
case stated n the law. In all other cases
than those enumerated, the law remains
precisely as 1t was before the passage N the
act above cited.
What then is the law on this subject
aud what are the lawful powers of the Com
handing General?
1t is as clearly defined as any principle oil
the law of nations that, 10 times of war, a
General has
1.-The right of weakening the enemy, for dis.
aiding him from all means Of resistance. 4
Hence arise, as from their principles, all the
rights of war with regard to things belonging
| to the enemy" "a nation has right to de
| prive the enemy of his possessions, and goods
of everything which may augment his forces
and enable him to make war.''-Tatteps Lau
| Of Nations, page BAL.
These principles apply with the same
force to those who are engaged in this re.
belion with which they apply to foreign
enemy, for the same author defines the enc
my to be, s
"He with whom Q nation is at open war
"a private enemy is one who seeks to hurt US
and takes pleasure in it. A public enemy
forms claims against u.s.. or rejects ours, an(
maintains his real or pretended rights by force
| of arms" oih a412atJ
| That part Of the proclamation of Gen