The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1862-07-18
Capture Of Mcclure the Indian
Commander.
Message Of the President.


Fetlo,c Citizens of the Senate and House of
| Representatives:
Considering the bill for an Act to suppress
insurrection, to punish treason and rebellion, to
| seize and confiscate the property of rebels and
for other purposes, and the Joint resolution ex-
planatory of said act as being substantially one,
l have approved and signed both. Before
was informed of the passage of the. resolution,
had prepared the draft OF a message, stating
objections to the bill becoming law, a copy
Of which draft is herewith transmitted
tSigned) ABRAHAM LINCOLN.
Feilou citizens af the House of Represen-
tdtices: l herewith return to your honorable
body, in which it originated, the bill for an
act entitled-"An Act to suppress treason and
rebellion, to seize and confscate the property
of rebels and for other purposes,"-together
with my objections to its becoming a law.
There is much in the bill to which perceive
no objection. 1t is wholly prospective and it
touches neither the person or property of any
loyal citizen, in which particular it is just and
proper.
The first and second sections provide for the
conviction and punishment of persons who
shall be guilty of treason, and the person who
shall incte, assist or engage, in any rebellion
or insurrection, against the authority of the
United States or the laws thereof. or shall give
aid or comfort to any such existing rebellion
or instruction, by fair construction these per-
sons within these sections are not to be pun
ished without regular trials in duly constituted
Courts, under the forms and all the substantial
provisions of law and of the Constitution APP
plcable to their several cases. To this per-
ceive no objection, especially as such persons
would be within the federal pardoning power
and also within the special provision for par
don and amnesty, contained in this act.
1t also provides that the slaves of persons
faI nnd hall h.,f
l think there is an unfortunate form of express
sion, rather than substantial objection, in
this. 1t is startling, that Congress can free a
slave within a State, and yet were it said that
the ownership of slave had first been trans
ferred to the nation and that Congress had then
liberated him, the difficulty would vanish, and
this is the real case. The traitor against the
general government forIeits his slave as he
does any other property, and he forfeits both
to the government against which he oflends.
The government, so far there can be own
ership, owns the forfeited slaves, and the ques-
ton for Congress, in regard TO them is, shall
they be made free or sold to new masters?
see no objection 10 Congress deciding in adj
vance that they shall be free. Kentucky, as
l am informed, has been the owner of some
slaves, and has sold none, but liberated all.
hope the same is true Of some other States;
indeed, L do not believe it would be physical
ly possible for the general government to re-
turn persons so circumstapced to actual
slavery. / believe there would be physical re-
sistance to it. which would never be turned
aside by argument, nor driven away by force.
In this view of it have no objection to this
feature of the bill.
Another matter valued in these two sections,
and running through other parts of the act,
will be noticed hereafter.
perceive no objection TO the Sd and 4th
sections. So far AS / wish TO notice the 18th
and 9th sections. they NAV he considered to-
gether. that the enforcement of these sections
would do no Injustice to the persons embraced
within them. il is clear thai those who make
a causeless war should be compelled tn nav the
cost OF II. II i too obviously inst IN i've called
In question. To give government protection
10 the nropertv 81 nersons who have abandon
cd II and gone an = crusoda 10 ovar,hrn,,, ,.,a,
same royernment. Is absurd If considered in
the moro l;ght of ;nst;ce rba s.yoras, ;,,.,;.a
NAV not always he The hest noIcv The nr;u.
chile Of seizinp and annronriating the nronarty
of persons embraced within these sections =
certainty moi very ob;ectionabla hut q ;ns,i,
ind;scr;m;nat;ng .nni;ca,;on ~ 4, u,a,,d ~
very difticul, and ,n = oreat ex,an, ;mnoss;blo.
and would II not ne wise m Mace a po,yer ~
remission somewbere so Thar these narsons
NAV tnov, t,ay hove so,n.th;,,, A., 60 ~ a.
sistino. i am not snre wbciher sncb mower Of
remission i or i not within section . w;,,,or,
a snecial act If Congress thinl onr m;i,arv
commanders when in m;i;tarx nhrasa ,ha,
are within the enemv,s coun,ry should IN a.,
orderly manner seize and leon whatever Of
real and norsona, nronor,y mo-, 10 naoassan,'
or convenient for their commands and a, ,hs
same fine nreserve in some wav ,ha a,,;donna
of what they do.
What have said In regard 10 sl,xes yb;lo
comment;ng on the Ist and "a s.et;nns Il a,'.
ncabIe 10 the OH with the difference that M
nroyision Is made In the whole act far de,er,
mining whether n particuIar individual slave
does or does not fail within The class defined
Within that section he is 10 he free mon Ger
tain conditions. but whether these conditions
do or do NOT nertain tn him M mode ~ ,sce,-
tanning is provided. This could he easily sun-
piled.
To the 10th section make mn ob;ect;on
The oath therein required seems 10 be proner
and the remainder Of the section is substantial,
ly idental with a law already existing.
The 18th section simply assumes to confer
discretionary powers upon the Executive with
out the law / have no hesitation to 90 as far
in the direction indicated as NAV at any time
deem expedent, and am ready TO saw now.
think it is proper for military commanders to
employ as laborers, as many persons of African
descent as can be used to advantage,
The 18th and 18th sections are something
better; they are understandable.
The 14th is entirely proper. If all other parts
of the act shall stand. That to which L chiefly
object pervades the most part of the act, but
more distinctly appears in the LIST, I'd, 18th and
Sth sections. Ii is the sum of these provisions
which results in the divesting of title forever