The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-09-02
BALTIMORE.
MONDAY, SEPTEMBER 2, 1861.

A telegram, which will be found in another
column, announces the declaration of martial law
throughout the entire State of Missouri. and pro-
claims the freedom of the slaves, and the conisca-
ton to the public use of all other property, be-
longing TO all persons in the State, who shall take
up arms against the United States, be known
TO have taken active part with their enemies in
the field. The lines of the army Of occupation IN
Missouri are designated in the proclamation ana
all persons taken within them, with arms IN their
hands are to be tried by court martial, and, If
found guilty, will be shot Tins marches, with
gigantic and ceaseless strides the military power
which has been substituted by the Administration
for the republican institutions of the land and
thus, broken and despised, are cast down, one by
one the bulwarks erected by the Constitution. A
little while ago, when Gen. BUTLER invented, and
the Cabinet TT Washington welcomed and ap-
proved the bright idea of declaring negroes
''coGtcaband Of war, the Secretary Of War dis
tinctly and carefully directed the General to
''permit no interference, by the persons under his
command, with the relations OF persons held to
"seryce under the laws OF any State" and at
the furhest to do no more than ''refrain from
"surrcnderng 10 alleged masters any persons inc
"groes) who might come within his lines The
Government, Mr.. CAMERON declared, could not
'refuse the Performance of the Federal obligations
''resting upon ITSELF" any more than it could
'TecogniZc the rejection, by any State, OF its
"Federal Obligations" When Congress met
afterwards and lcgslated upon the subject Of ne
groes and con6scation, it confined its action
within the most limited and guarded sphere. The
act No s., passed no longer ago than the 9Th of
August Just expired, provided only Tor the confs-
cation Of property generally, when used or en-
poyed, or purchased &c, with intent to be used or
employed in aiding, abetting or promoting insur-
rectiOn or resistance to the laws. In regard to
slaves the right to coufscate was confined exclu-
sively to cases where they might be used by the
direction consent of their masters in any civil
or military service against the Government No
general confscation of the property Of persons in
arms against the United STATES was authorized by
Congress- notwithstanding the efforts of zealots
and fanatics in both Houses to procure such legis-
lation. Indeed, the 30 section of the 81 article
of the Constitution expressly prohibits forfeiture
for treason, except for the life of the offender
Even in the cases specified in the law, no power
was given 10 the President, or any other per-
ton. On the contrary, the ID section of the
act expressly requires the condemnation of pro-
perty generally TO be made in District or Circuit
Court OF the United States, aud it goes no fur
Their, in the case of slaves, than to allow them
to setup the unlawful employment of their SER
vices by their masters, as n bar TO the assertion
ofownership over them. This act Of Congress pre-
scribes unequivocally, the limits of the authority
of the Government in the premises, and General
FREMONT has consequently no more lawful right
to issue or enforce the proclamation which he has
put forth, than he would possess to confscate the
property of Mr.. LINCOLN in Chicago, or of Mr.
SEWARD in Auburn Of the right of anv mill
tary commander in the United States to declare
martial law at his pleasure, and iniict capital
punishment, in the discretion of court martial,
without Judge or jury, upon persons not belong
ing to the armies of the United States or not be.
ing alien spies within their camps we have al
ready said, over and over, that the laws and
constitution of the Union exhibi, no sign or trace.
Alas for the laws and constitution
Bnt the proclamation of General FREMONT is
even more important in what it fOreshadows than
in what it is. IfprOperty may be conii7cated and
slaves emancipated by proclamation in Missouri
because the owners are in arms against the Gov
ernment-so may they be throughout every South
ern State. If every man taken with arms in his
hands may ssufler military execution without
judge Or jury in Missouri, why not in Virginia
also? 1t is simply question of time and sup.
posed eypeiiency. Who then shall deny.-who
can deny--that the war of the Administration is
war Of confscation and death to the white man,
and emancipation to the slave? Who, that SUP
ports the Administration, supports anything else?
The candidate Of the Republican party for the
Presidency of the United States in 1856 was well
chosen to proclaim to the people the policy which
that party has its armies in the field to enforce.
Hencetorward, all the trash and imposture about
"contraband of war; is at an end The genuine
banner is unflrled and abolitionism is henceforth
its bearer. The ''Federal obligations which the
Government could not refuse to acknowledge in
May last, must enforce themselves as hest they
can.