Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-09-11
Ths Lincoln Qualification Act and Free
mont1s Bloody PFOclR1RtiOR -" More
yT.urUs ton Of Power.

The following is, We believe, 8 correct copy Of
RECONCILIATION act passed by the L1So1l.s Congress
st its late extra session;
Raj suucssd by the Senate and House If Representa-
fines of he United States IN Congress osseni5Ied That
If during the present OF any future ins ection
AGAINST the government OF the United States after
re President of the United States shall have de-
olared by proclamation, that the laws of the United
States are opposed, and the exception thereof OBJ
structed by combinations too po EeFiul to be sup.
messed by the ordinary OF judicial proceed.
fnps or by the power vested 10 the marshals by
law, any person or persons. his ct her, or their
agent, attorney, or employee, shsll purchase &C
qure sell or give any property of whatsoever kind
or description, with intent 70 use employ the
same, or suffer the same 70 be used or employed IN
aiding abettiDg or promoting such inaurrectiOn or
resistance to The lave or any person or persons en-
gagged thereinj or If any pers0n or persOns, being
the oVspeF or owners Of any sneh properly. shall
knowingly use CT employ, or consent to the use or
employment Of the Same aforesaid, al such pro.
perry is hereby declared TO be lawful subject sf
prize and capture wherever found, aud il shall be
tbs duty Of the President of the United States 20
cause the same 70 Be seized, eonfscattd Snd con-
d mnsd.
SIC 2. And Be Il further enacted That such prizes
and capture shall be CONDEMNED the Distric, or
Circuit Court Of the United Statss having jurisde
ton Of the amount or IN admiralty 10 any district
In which the same may be seized, or in which they
may be taken and proceedings frs' instituted
SEC 8. And Be IL further eRGctsd That the Attor-
ney General or any District Attorney in The United
States, In which said property may At the time be,
may institute the proceedings Of condemnation, and
In such case they shall be wholly for TIE benefit of
tina United States; or any person may lie an infor
nation with such an attorney in which case the
proceedings shall be for the use Of such informeF;
and the United States in equal parts.
Sec. (. and be Il JsytbsF enacted, That whenever
hereafter, during the present insurTectiOn against
the government Of the United States, any person
claimed 10 BE- heLd 10 labor or ssTvtcs under the G.o Of
am STATE shall be required or permitted by the per
son 70 whom such labor or service is claimed to be
due, or by the lawful agent Of such peTsOn TO take
up arms against the Uuiled Statesj or shall be re
CURED or permitted by the person 70 whom such
labor or service is claimed TO be due, his lawful
agent 10 work or TO be employed in OF upon any
fort, navy yard, dock, srmory, ship, eGtrenchmenr,
or IN Gay military or aaUa seUice tObGs0eUeT, against
the government and Ia Fful authority Of the United
States, then and il every such case the person 20
whom such labor or service Is claimed 70 be Cue
shall forfeit his claim TO such labor, any law Of the
State Of the United States 70 the contrary not
wi.hstanding And whenever thereafter the person
claiming such Dor or service shall seek TO enforce
his claim ii shall b. full and sufficient answer 70
such claim thst the person whose service or labor
If claimed Rad been employed in hostile service
sglinst the government Of the United Stats,
tTsry to the provisions OF this scL
Approved august 6, 1861.
Il will b seen thst Gen. FaEXoST, iubis atFoci9us
b -ody proclamation assuming "the administrative
powers Of the SAFE" Of Missouri arroglted to him
self powers not delegated by this law. In that
proclamation Fremont says:
The property, rsal and personal, Of all persons
in the State of Missouri wh5 shall be directly proven
90 have taken active part with their enemies IN
the field Is declared Consc tted TO public use and
sL1Uss Il any tbcy hGUs are hereby dsclEed TeeasT-
All persons who shall BE- proven 10 have destroyed,
sitter the publication Of this order, railroad tracks,
bridges, or teiegr5Pas shall suffer the extreme pen
Rltes Of tais law"
This is 8 boI assumption Of power, but Is IN
keeping with the u1veususs Of LINCOLN and his
minious since the declaration of war against the
South au1 now We are informed By the New York
Times that this bloody proclamation lat first struck
the Cabinet and President with utter smaEement,
but after discussion it E8s ua1nim3usly decided
that the proclamation was issued just at the right
tine, 10 the right mI1nar, aai By ths right man"
Thus is endorsed an act Of usurpation which has
not only no authority Of law, but for atrooity is
without parallel In the history Of civilized war
fare. Nothing in the conduct of this VISIT of subju
cation upon the South seems u be too bloody, too
infamous to secure the endorsement Of LTNColE and
his Cabinet
Fremont caps the climax of his bloody atrocity
In this proclaim alton IN the following paragraphs:
"In order, therefore, to suppress disorders, to
maintain, as far as practicable. the public peace,
ana 10 give security ana pFOEecuCu 10 Tue persons
and property Of lOyal citizens, DO Here6y extend
and declare established martial la throughout the
entire State Of Missouri and the lines of the army
occupation in this State for the present declared
70 extend from LsaveGwOrth, By way of the posts
of Jefferson City, RJlis and IrOnton to Cape GiraT>
deau the Mississippi river, AL persons who
shall he taken wihaTug in their hands within these
lines shall be tried by court martial, and If found
guilty, will be shot
All persons engaged IN REASONABLE Correspondence
in giving or procuring aid to the enemies Of the
United states il tomentiDg tumults, IN disturbing
the public tranquility, by creating and circulating
false reports or iDcendiary documents, In their
own interest warned that they are exposing them
selves to sudden and severe punishment all per
sons who have been led away from their allegiance
are required % return forthwith TO their homes.
'Any such absent without sufficient cause will be
held 10 be PresumPtive evidence against them"
The authority for this assumption Of power was
probably the following order from the LINCOLN War
Department at Washington, promulgated the day Of
the date of FEE2oNTs proclamation.
'By the 57th article of the act Of Congress eBtl-
tied an set for establishing rules and articles for
the government Of the ARMIES Of the United States
approved 10Th april, 1906, holding correspondence
with or giving Intelligence TO the enemy, either d.
reCtly or Indirectly, is made Punishable by de0l or
such Csler punishment as shall be ordered by the
sentence Of court n partial.
Public safety requires strict enforcement OF this
article and It is therefore ordered that all cores
poadeUca aud communication verbally OF by writ
ing printing or telegraphing, respecting operations
Of the army or military movements On land or wa
ter; or respecting the troops camps srsenals, CO.
trenchuents or military affairs within the several
military districts, by which intelligence shall be
directly or indirectly given to the enemy, without
TIE au.E0riJy sud SANCTION Cf the General IN com
Dand, be and The same are hereby absolutely pro-
AIbited and from aud after the date of this order
persons viJ7ting the same viii be proceeded against
under he SIN article Ct War"
~ both cases an Ulw4rrsntei assumption Of
power has been resortsi 70, I. Ia needless 70 say
10 those who are familiar with t5e Constitution aud
Laws OF the United States, that they give no color
or oouztenaace Whatever TO such proceeding with
respect to persons II civil life. The 9th article of
the amendments to ths Constitution Is as explicit il
is terms as language Can make it!
mo person shall be held to answer for & capital
or Otherwise l0taD sus crime, unless on present
msnt or lndlctIsnJ OI Grand Jury erosDt IN cases
arising IN he tGgd or rgtgll fore or IN me yptj1
lDtsa "a GeG! ssrUcs IL tl7s Gar or public d1g0sr
The act Of Congress Of April 10, IsaG, by which
the articles Of established Is In strict con
formity with this constitutional provision It does
GOT pretend to make those articles applicable, in
any point of view, to private citizens. is very
tide is ah absolute negadOn OF any such idea II Is
St. led An act eatabllsniuv rules Gpd articles far