, 1861-09-23
Chicago Grihut1e


~ !: u
MONDAY, SEPTEMBER %, 1861.
TINE CeNTHARAhD DBt
The Presidents letter to Fremont has
raised question a. to what shall be done
with the " contrshandn slaves in Fortress
Monroe. Gen. Wool, the commandant,
has written to the War Department for in
st1uctions on the subject limo slaves but
those who have been employed in hosti1i-
ty 10 the United States are to be confiscated,
Gen Wool naturally wants to know what
he shall do with the 1900 who have sought
protection within his lines? 4 dispatch
states that portion Of them will be sent
to Washington to work On the entrench-
meuts and render other aid to the army.
But this very judiclous employment Of the
fuciliyes is no approach to solution Of the
question Of their legal status. Are they to
bedeclared free? or remanded to their rebel
claimants? OF held as slaves by the Fed
erM authorities2 It is hardly probable
that The General Government intends to
become Slave owner. Under Fremonts |
proclamation and Buffers contraband doc |
trine, there was no difficulty in the way. The
Slave Of the rebel escaping within our lines
was confscated, and as the Federal Gov
ernment is not q Stakeholder, the fugitive |
necessarily became free. So said General |
Butler. In the other case, if the owner of
the slave became traitor and rebel, aud |
raised his hand against his country or took
an active part with the enemies Of the Re-
public in the field, bis property Was de-
clared confscated and his slaves were de- |
clared free men. This was Fremont's style
Of dealing with parricides.. What the Ad-
rnimsration will do with the 1900 slaves
Of Virginia rebels now on its hands, and
the tens Of thousands who will hereafter
flock to the amy for protection when it
marches southwnrd, is a puzzling question.
It has evidently hampered itself By the
position taken in the letter emasculating
the Pathfinder's proclamation.
Il is alleged BY the pro~slavery and
semi-secession sheets, that Fremont Issued
his proclamation without authority or
precedent, and solely upon his Individual
responsibility, and that he had no reason
TO suppose that it would meet the approval
of the Administration. But this charge
is untrue. Gen. Fremont had before him
the carefully worded letter Of instruction
from the War Department to Gen. Butler
which he knew must have received the
sanction Of the Executive and his Cabinet
That document laid the foundation for the
proclamation. It furnished the authority
Tor the position assumed by Gen. Fremont,
and he doubtless supposed that the
ground he had assumed was in the line
Of safe pGecedcnts-that the spirit and
tendency Of the Administration were in
the direction he had gone. Secretary
Cameron's letter to Gen. Butler bears date
Aug. II, while Fremont's proclamation il
dated Aug. 31-th1ee weeks afterwards.
A quotation from the Secretary of Wars
letter will remind our readers Of the tenol
end effect Of that document. He says:
No question can arise as to fusitives from ser
vice within tho States in which the authority 0
the Union Ia fully acknowledged. the ordtnar,
form o. Official proceedings must be respected b.
mita1y and civil authorities a1ike for the enforce
ment OF legal foz1ns. But in States zphoIY or /
part HndtT snsu71sction1Ty co5atro] where the Law
OF the Eoftcd States are so far opposed and resis
ed that thtJ cannot be 9Bectudny enforced, 1t
obvious that the rights dependent upon the ex,
cut1on al those laws must temporarily Jan, and
Is equally obvious TINT the rights depeudeat q
the laws Of the State within which mi1itsry On
faaons ere conducted, nsust BE- xseessa7izy su6o
dtnatet 1as military ezigences created By tie il
surreeten, u aot scAoliy Jor}esttd By tho treason
biz conduct q 2 arfies claiming tAt,u.
After referring to the act Of Congress {
Aug. 6, which confscates slaves used fe
insurrectionary purposes, Secretary Can
eron proceeds to make practical applic.
ten Of the general principles above quote
He says that different question is preseatt
In 1aeRea4 Ia P0saons escaping from 10y;
masters in reyolted States, and after di
cuss1ng the matter at some length sayB:
IEder these circumstances it seens quits Gle
that the substantial rights Of loyal masters are St
best protected By receiving such fugitives, as w
atJtgaftrfs 1cm dis1oyat masters. into the ser7i
Of the United States, and employing them und
a1ch organizations and such occupations as c1
cuEst1Eces may suggest OF require. +
Upon the return Of peace Congress will. dout
iees, properly provide for all the persons 1t has
ceiTed into the service Of the Union, and for in
compensation to loyal masters. In this-way onl
1t would sesn, can the duty and safety Of the Go
eminent and the just rights Of all he f4liy reco
cfled and hsrmonized-
You viii, therefore, consider yourself instruct
to govern your future action in respect to II,
tives Eom service by the premises herein ktate6
It will be observed that he +" "instruct
Gen. Butler to receive even the fugitiv
from loyal masters, and to retain them
the war is over. As to slaves of reh
masters, be is instructed to receive the
without hesitation OF condition, and the
is no intimation in the instructions that t;
rebels will ever be allowed to reclai
their. On the contrary, the inference
Irresistible, that while Congress will CO,
pensate the loyal masters, the fugitiyes
rebels will be made free.
The first extract takes the preci
grounds that We have been arguing
these columns, that in States under inst
1ectionary control civil laws -Congressio
alaswell as State, must be subordinate to t
military e1igencies created by the reb,
lion. And the rights which would be {
cure and protected by the civil laws a,
magistrates, in 8 state Of peace, becor
wholly forfeited BY the reasonable CO
duct Of the parties aiding and abettil
such insurrection. This doctrine laid doy
BY the Secretary Of War, is perfectly soun
and Gen. Fremont acted in acco1dan
with It IN good faith, when he issued I
proclamation against the miscreants "
are tramplng laws and constitutions unG
foot
KENTUCKY.
A great deal Of fuss is being made
certain journals about the dire effect Il
Fremonts proclamation would have b
on Kentucky, if it had not been count
manded. The answer to that is, that
proclamation never applied to Kentuc
at all, nor to the whole Of Missouri. II
oe held that the principle involved in
proclamation " as such that its adopt
IN one place implied it's adoption
al places similarly situated, the reply