The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-09-16
THE coNFIScATIoN OF SLAVE PROPERTY
The Act OF Congress-The PrOclamations
by the President and General Fremont
Important Letter from President Linz

The Act OF Congress-The Proclamations
by tho President and General Fremont
Important Letter from President Linz
coin.
The employment OF slaves by the Southern rebels, upon
fortihcations and other military works. to the injury OF
the national cause brought the attention Of Con-
gress during the session. and tho result
the passing Of acone Of the most important of Che
sesson-connscating NIL slaves so employed As the pro-
camaton Of General Fremont, declaring martial law in
force in Missouri and freeing the slaves Of rebels found
with in their hands, caused misunderstanding be-
tween the General and President Lincoln and gave rise
to reports that the General superseded we reprint
the fourth clause Of the act which alone relates to tho
coniscation Of slave property. 1t is as follows
Sec A. And be further enacted That whenever here
after during the present nsurrecon against tho
men of the United States any person claimed TO be held
to labor service under the law of any shall be
qured permitted by the person to whom such labor
service is claimed to be due by the lawful agent Of
such person, TO take up against the United States
shall be required permitted by the person to whom
such labor service is claimed to be due his lawful
agent, to icork on to be employed in upon any fort,
nary yard, dock, o1aory ship, inrachmert or IN any
military ndraI service rhdtsocrer against the 90
u5nme,t and la,fih authority Of the United States,
or service is claimed 10 BE- die shall rea his claim TO such
labor cny la,c Of The State Of the Unltd States 10 The
trdy Notwithstanding And whenever thereafter the per
son claiming such labor or service shall seek to enforce
his claim, 1t shall be full and sufficient answer to such
claim that tho person whose service OF labor is claimed
had boon employed in hostile service against the govern
mcn Of the United States contrary to the provisions Of
this act.
This act reluctantly approved and signed by Pres
dent Lincoln on the 9th of August. Another act was
passed. conscating the property Of rebels but not in
GLIDING slaves Upon this latter act the President on
the 10th Of August issued the following procamaticn
WASHINGTON, August IS, 1861.
By TIE PRESIDENT OF TIE UNITED STATES OF AMERICA:
AiRDr.AMAroN.
Whereas on the fifteenth day of April the President Of
the United states in view Of an nsnrrecon against the
laws, constitution and the government of the United
States which had broken out within the States OF South
Carolina, 4 eorgia Alabama Florida Mississippi, Lousla
and Texas and in pursuance of the provisions of the
act entitled act to provide for calling forth the militia
to execute the laws Of the Union suppress Instructions
and rcpe nvasons and To repeal the act in force for
that purpose approved February 81 1895 did call forth
the militia 10 suppress said instruction and cause the
laws OF the Union to be duly executed and the insurgents
have failed to dispense by the time directed by the res
dent;
And whereas, srch instruction has since broken out
and yet exists within the States Of Virginia North Caro-
lima, Tennessee and Arkansas and whereas, the insur
gents in all the said States claim to act under authority
thereof and sIch claim Is not disclarcd repudatod
by the person exercising the functions of government in
such State States in the part parts thereof in
which combinations exist nor has such Instruction been
suppressed by said States:
Now, therefore, Abraham Lincoln, President Of the
United States pursuance of act Of Congress- passed
July 49, 1861 do hereby declare that the inhabitants Of
the said States Of Georgia South Carolina Virginia North
Carolina Tennessee, Alabama, Louisiana, Texas, Arkan-
sas, Mississippi and Florida Except the inhabitants Of
that part of the STATE Of Virginia lying west of the Ale
ghany Mountans and Of such other parts Of that State
and the other States herein before named may main
tain loyal adhesion tho Union and the
constitution, may be from time TO tme
cnpcd ard controlled by the forces engaged in
the dispersion of said srgcnts are in state Of insur-
rcc;ion against the United States, and that all
cal intercourse between the and the inhabitants
thereof with tho exceptions aforesaid and the citizens
Of other states and other parts of the United States
unlawful, and will remain unlawful until such nsurrcc
ton shall cease or has been that all goods and
Ss. with tho ptcns aforesaid, into other Parts Of
the United States without the special license and rer
mission of the President through the Secretary of the
Treasury proceeding 10 any Of said States with the
exceptions aforesaid by land water together with the
rssseI cchice conrcying tie same cpng persons to
fran said Sd, uiM said exceptions, nil Je forfeited 10
the United States; aid ts from and after fifteen days from
tie issuing Of this proclamation all ships and ressels biog
ing "a 'eole or in ,srt amy citizen or inhabian f any
Of said Ssss, tcif, eat9 sscos found al any
ipt Of the United States ,o bc orsid the United Stss
And hereby enjon upon all District Attorneys, Mar
hals and officers Of the revenue and of the military and
naval forces Of the United States be vgant IA the
execution of said act and in the enforcement Of the penal
any party who may t,ls himself sggrieved thereby to
his application TO the Secretary of the Treasury for the
remission Of any penalty or for forfeiture, which the said
Secretary is authorized by law TO grant, IT, In his udg
ment the special circumstances Of any case shall require
such remission.
In witness whereof have hereunto set my hand and
caused the seal Of the United States to be affixed.
Done in the city Of Washington this 10th day of August
in the Of our Lord 1861 aud Of the independence Of
ABRAHAM LINCOLN.
By the President-WM II. SEWARD, Secretary Of State
Towards the latter end Of August the condition of Mis-
souri, such TO warrant General Fremont under au
thorty of the act of Congress already cited to proclaim
the existence of martial law in that State, with all its
pains and penalties including the freedom of slaves be-
longing persons taken with in their hands, the
following emphatic language
PROCLAMATION OF MAJOR GENERAL FREMONT.
HEADQUARTERS OF THE WESTERN DEPARTMENT,
ST. LoCls, August 81 1861. (
Circumstances, in my judgment of sufficient urgency
Ter 1t necessary that the Commanding Gene al OF this
department should assume the administrative powers Of
the State Its dsorganzed condition the hcplessness of
the civil authority the total Insecurity Of life, and the
devastation Of property by bends OF murderers and
RAIDERS, who nfest nearly every county in the State,
and avail themselves Of the public ms!ortunes and tho
vicinity of hostile force to crafty private and neghbor
hood vengeance and who find an enemy wherever they
find plumber finally demand the severcst measures to re-
press the daily increasing crimes and Outrages which
driving off the inhabitants and running the State. In
this condition the public safety and the of
require unity OF purpose without let hndrance
to the prompt administration Of affairs.
In order therefore, to suppress disorders to maintain,
as far practicable, the public peace and to give
security and protection to the persons and property OF
loyal citizens, do hcry crtnd and declare established
martial la'o throughout The STATE Of Missouri Tho lines of
the army Of occupation in this State for the present
declared to extend from Ieavenworth, by way Of the
posts of jefferson City, Rola and Ironton, to Cape
Giraudoau, on the Mississippi river.
All persons who shall be Ldken Nth in their hands
sctin these lines shall be tried by court martial, and, if
found gully, .citt Be shot The property, real and per
take up arms against the United States, who shall
be directly provea 70 have taken active part with their
public use, and their slaues any they ha hereby
All persons who shall be proven to have DESTROYED
after the publication Of this order, railroad tracks,
bridges or teegraphs shall suffer the extreme penalty Of
the law.
giving procuring aid to the enemies Of the United
States in disturbing the public tranquility by creating or