New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-16
GENERAL FREMONT AND PRESIDENT
LINCOLN.

FREMONT AND PRECEDENT
LINCOLN.
BY The Law Of Nations end the Law Of War,
O military commander, acting With, district
where his authority ia dominant, has the right,
il he shall think the exigencies of the case re-
ouire t. to seize and oonfscate any property OF
the enemy, and, if need be. declare his slaves (if
he have any to be free. This principle Ia recog-
n;zed by the most eminent authorities who have
written upon or expoanded international and
martial law.
On the 9th of August last, Congress passed
law entitled San Act to cOnfiscate property used
"for insurrectonary purposes" The first section
provides that all property purchased, sold, or
given, with the intention Of being used In pro-
noting the Southern rebellion, and al property
thus actually used, shall be subject to seizure,
confiscation, and condemnation. The second and
third sections direct that such property shall be
condemned in the District or Circuit Courts OF
the United States, sitting in the districts where
the property was seized or into which IL may
be taken.
The fourth section of this act provides that If
the owner of any slave shall require or permit
him to take up arms against the United States
or shall require or permit him to be employed,
directly or indirectly, In any military or naval
service against the United States, the slave shall
thenceforth be forever free.
We have not given the technical yerbiage OF
the net, but this is its substance. II il general
in it's character, aud applies not only to the
present, but to oil future Instructions against
the Federal Government. Ii will be noted az
worthy Of marked attention, that, while this act
provides expressly for the condemnation of or.
binary Rebel property by means of the Courts.
it does not designate any special mode BY which
the section concerning slaves 10 to be carried
into effect.
The proclamation or order Of Gen. Fremont,
in regard 10 the confscaton Of the property OF
Rebels in Missouri, and the emancipation Of their
slaves, while it did not refer to the act Of Aug.
6, proceeded upon the principles affirmed there
in, but proposed to carry them into effect In the
manner prescribed by martial rather than civil
or statutory law. The President ii would seem,
doubling whether an e1igency had yet arisen In
Missouri which demanded. quite so vigorous .
mode of proceeding, has, after correspondence
with Gen. Fremont, modified the proclamation
or order issued BY the latter, so rs 10 make IL
conform to the act Of Congress. In thus doing,
we do not understand the President 90 at all
denying the soundness Of the principles upon
which Gen. Fremont acted, nor the authority
Of q commanding general TO do 10 extreme cases
preci,ely what hs did, and when demanded by
the imminence Of the crisis. That eIisencies
will arise in the progress Of the war calling for
the vigorous exercise Of this authority, cannot BIO
doubted. Indeed our armies will not
have advanced far into tho enemy's
country ere ii will DO manifest that
the efficiency of our columns, and perhaps their
safety, will imperiously require that the princi.
pies embodied in the act Of Congress shall be 70.
duced to ptactice by the stern arm of the mil.
itary commanders Of imperiled States and dis
tricts. Then, we doubt not, the President and
his advisers will heartily second the sternest
measures which the public veal may demand.
In the mean time. 1t may be wise to inquire
whether there is any mode Of executing the
fourth section Of this act Of Congress except by
On order of q military commander, similar to
that issued by Gen. Fremont Nor will it be
forgotten that the order promulgated by him,
even as modified by the President, has emanci-
pated, absolutely and forever, oil slaves in Mis-.
souri, who have been required or permitted by
their owners to aid in any way in carrying on
the present armed rebellion against the United
States. That point must now be regarded as
irrevocaby settled.
II is due to the importance Of the subject TO
cay that public opinion, in view Of the alarming
condition of things in Missouri, and the barba-
rous conduct Of the Rebels toward Union men
and the Unior cause, regarded the order of Gen.
Fremont as demanded by the e1igency, and
adapted TO arrest the progress of incendiarism
and murder, TO afford needed protection TO
peaceable and loyal citizens, and to crush q re.
beon which seemed TO be rapidly dissolying
society in that State into Its original elements.
We are not in possession of any facts that should
modify, much less reverse, that opinion.