The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1861-10-04
From the Cincinnati Gazette.
The Modification of Gen. Fremont's
Proclamation.

Tho President has ordered Con. Fremont !
to modify his proclamation of martial law
in Missouri, In that part which conGscatos
the property aud freos tho slaves of rebels
who lako up arms. so as to mako IL con
form to tho Cnnfsca,ion Act of Congress,
which contiscatos only such OF tho property |
of rebels as is used for military purposes, !
aud forfoits tho claim of rel oils to such !
slaves only as have been put by their owners
into tho military service.
The Ac. Of Congross did not. Of course,
tnko away from tho military authority the !
right to uso any measures for tho suppress.
sion of armed rebellion which before woro
warranted by th9 usuges of war, and the
custom of Governments in dealing with ro-
belion. Property usod for military pur.
poses was lawful prize Of war before, and
this Act docs not make it any more so. 1t
only provides for cnnfiscation by civil pro.
coss. and it's provision in relation to slaves is
simply that rebel owners who have put their
slaves into tho military service shall not
havo tho benefit Of tho laws in holding such
slaves, nor of the Fugitive Law ia rccaptur.
ing them.
Tho province of military authority. &C.
cording TO tho law Of wars, and tho boiigo.
rent rights of tho Government, ROMAN pre-.
cisely as they wero before tho passage of
the Confscation Act. Thov are not affected
by IL. Nor does the Pros don't assume that
they are. for tho Confscation Act does not
provide for shooting robols who may be
found with arms in their hands within Ger.
tain lines. whilst Con. Frcmont's proclama.
tion declares that these thall DO triod BY
court martial and shot; but tho President
docs not object to this, tho soverost measure
of Gen. Fremont's proclamation--for lifo
| and dunth ,nn ha "a
rebel than tho ownership of a ncgro.-nor
require that IL shall bo modified to conform
tho Conf cation Act; but he allows tho
proclamation to stand, without objection,
pronOuncng. on military authority alone.
sentence OF death on oil persons with arms
in thoir hands within certain defined bound.
aries, while no requires 1t to DO mad fed
only in respect to the property and slaves
OF reOo,s 50 as to conform to the Confsca.
tion Act.
We mention this to illustrate tho fac, that
the Confscati0n Act was not intended to ro.
strict the military power. and does not, and
that tho President does not assume that il
does; therefore, If tho President has placed
any restrictions upon tho mi itary power
, from measures justified by belligerent rights
, il no has restaincd the army from pursuing
. policy which before was regarded as justi.
tiablu by tho usagos Of war. ho has dono il
from choice alone, and because he boliovcs
it to DO the best military policy, and not
because tho COufiscation ACT has created
, any restrictions upon tho military authority
The question then as to the proper course
of the army to pursue toward rebels in arrns
and toward thor property and negroes, 81
: far as tho course is jutificd by tho laws OF
war or tho usages and necessities of Govern
ments in dealing with rebellions. is not in
the least affected by tho Confiscatiou Act.
General Fremont declared that tho property
. OF rebels IN arms In Missouri should DO con.
tiscatod, and their slaves set free. Was til,
b justitiable by tho laws of var. and tho no.
= coSsities of tho public safety? We assume
that il was. We arc not aware that it ha.
boon seriously questioned, and as we hav,
before given ou; reasons at longth for hold
ing il to DO justiliablo, wo shall not argnt
n tho point now. except to state tho mai,
-. principle of our conclusion. In tho frs
e place the rebels have mado war. therefor
thcy and their property arc liable to tn
:, fate OF war, and tho fatc of war susuall
!, means indemnity on tho part of the agrees
u or. In the second place they have com
e mtted the highest crime known to our laws
= aud have forfeited oil right to GovernmOn
J. protection to thoir persons or property. Il
- mary penalties for taking up arms ngains
/ the Government is the only courso that wi
- evor put down tho rebellion. ..
y Wa conclude that tho policy declared i
III General Fremont's proclamation is wal
Is raHted by tho laws of war. and by the usage
lr at Government in putting down insurrcciior
:. The President, solely in tho pso of his dis
e erection in question Of military policy. or
Al dcrs that in respect TO tho property aU
,s negroes of rebels in arms, the proclamation
shall bo modified to conform to the civ! Law
'e leaving the military law in force against th
y lives of tho rebels. Tho effect of this 10 l.
'e declare that tho property of robols in arm
7, shall not be confscated by military au,horit,
% and us ibero is no civil law for confscatin
[. it, except that which has beon put in th
r. military service. tho effect is that the pror
IA orty of armed rebols is entitled to tho sam
protection of law and of tho army as th
Is property of loyal citizens.
'' Wo havo before described tho effects q
this policy in Missouri and Western Virginii
and its operations will be apparent 20 ever
one on reflection. 1t makes rebellion ia
safer than loyalty in those States. Tn
u robels arc confident that their proport
~ would DO protected in any ovent, while the
10 take a campaigu with tho rebol army. get u
SSNSSs''"
~ dering of our sontinGs. messengers an
OF tcamsters, and at their leisure return I
D. their property and assume tho character {
VI peaceful citizens. At u safe distance froI
al our army of occupation, thoy plunder th
g. Union men, who are thus made tho onl
n sufferers by tho war. Tho consequence i
at rebellion or passive neutrality is the onl
er safe course for tho inhabtants Of those diI
RS trcts to take. There is no penalty for RI
os' bollion, consequently our army OF occup'
,r; tion has no terrors to protect ths Unio
il' men from the Scccssionists. But if th
no Union men take an active part for the Go'
us ornment, or show any active sympathy wit
OF it, their property is plundcrod by the 81
n n cossionsts wherever it is not protected b
10 the actual presence Of our army.
~ Surprise has been expressed throughot
es the North at the apathy of the Union me
re in Western Virginia, and remarks, the n
or verso o!complimentary. have been mado I
'r, their Union professions and their gre'
90 Union mHjorities. while They were willing
a. be protected by IN army from other STATE
D. without making an effort for themselvo
Oh and even decline TO protect themsely'
ny against their own Secession minority. b,
ss' this policy will explain and justify this r.