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


GENTLEMEN: Yours of the 9th Septem-
Der, asking, as Committee On behalf Of a
public meeting of citizens, my position on
the doctrine enunclatedIby Gen. Fremont, in
his proclamation relative to cOniscation of
the negro property of rebels in Missouri"
has been duly received.
In reply, have to state, that, as a loyal
citizen, and sworn officer of the Govern
ment, my position on the subject referred
to in your communication, is, and must OF
necessity be, identical with that which is
prescribed by the law enacted at the late
extra session of Congress, 10 regard to the
" con6seation of property used for insurrec-
tionary purposes = the fourth section of
which relates TO the cOn6scation of negro
property, and reads as follows
Sec. 4. And be it further enacted, That when
ever hereafter, during the pretent instruction
against the Government of the United States,
any person claimed 10 be held to labor or ser.
vice under the law of any State, shall be requir.
ed or permitted by the 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 re-
quired or permitted by the person to whom
such labor or service is claimed to be due, or
his lawful agent, to work or to be employed
in or upon any fort, navy yard, dock, armOry,
ship, entertainment, or in any military or ma.
val service whatsoever, against the Govern.
ment and lawful authority of the United States,
then, and In every such case, the person to
whom such labor 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 Notwithstanding. And whenever
thereafter the person claiming such labor or
service shall seek to enforce his claim, it shall
be q full and sufficient answer to such claim
that the person whose service or labor is
claimed had Deen employed in hostile service
against the Government of the United States,
contrary to the provisions of this act.
This law is Of recent date Fl; enacted at
time when the condition of affairs was as it
now remains; and after full discussion of
the legal aspects as we'll as public policy of
the bill on which it was founded. 1t Was
intended to be, and is, specifically declara.
tory of the power of cOnfiscatioD. and the
limits which shall bound it's exercise AS
law thus made with direct reference to the
present state of the country, it is especially
binding upon al men, military and civil, in
public and 10 private station and binding
upon all as well in respect to its Limitations,
as to its grants, of power. So far, then, as
the proclamation of General Fremont con-
forms to the law enacted for bis guide, and
for the guide OF all men in authority, to
that extent it is the duty of all good citizens
to approve il; wherein it transcends, and
thus violates the law, it is equally the duty
of all good citizens to condemn it. And
this, as it appears to me, is your duty and
mine, whatever we may think OF the mere
question OF policy, good or Dad, involved in
the proclamation referred to.
Impressed with these views, have not
hest ated to justify and applaud the action
of the President, wherein he made the pros
clamation of General Fremont conformabe
to the law which is obligatory upon them
both. The people have placed in the hands
of President Lincoln and his constitutional
advisers the responsibility of conducting us
through the fearful peril that confronts US.
1t is such responsibility as never before
rested upon the shoulders of any administra-
tion !; and however l may regret a differ.
ence of opinion between the President and
bis subordinates, my principles and my con-
victions of present duty unite to solve all
such questions for me. Within the bounds
of law the inferior must yield to the superior;
| the Commanderain-C Chief must be greater
than his Generals; and the people must
strengthen, by a united support, the Ex=cu-
| tive 10 whose hands they have placed Vast
powers, and on whom they have cast equally
vast responsibilities.
There is but one question, worth con
sidering, before the people of the loyal
Substitution or Disunion and all other
issues are lost in this momentous struggle.
Those in favor of sustaining the Union must
make great sacrifices, not only of material
interests, but OF preconceived opinions upon
other questions of minor importance, and at
no time, and in no place, permit old pre-
judicts, however honestly entertained, to
obscure the great object in view. II the
Administration is not sustained by united
people 10 the loyal States, the Federal
Union will be hopelessly lost. A division
OF sentiment and action now must inevitably
result in separation OF the States. There
is, therefore, but one course for patriots to
pursue.
Prior to the commencement of hOstilities
| was 10 favo OF concession, for the purpose
OF keeping lrvio!ate the seal OF the federal
compact. Failing in this, l preferred a
peaceful dissolution to civil war because
believed that, by thus allaying the passions
Of the contending sections, peaceful Disco
luton would lead to peaceful reconstruc
ton, upon an enduring basis. But nv
hopes and wishes tailed. The sword has
been made the arbiter, and war must now
decide the issue. Our brave volunteers.
without regard to party, have pledged their
lives'to sustain the Union, the Constitution,
J and the Laws, without demanding guaran-