Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1862-07-25


o suppress insurrection, TO punish treason aud
ebellion, TO seize and confscate the property of
ebels, and for other purposes, and the joint res
sutton explanatory OF said act as being substan-
ially one, have approved aud signed BOTH |
Before was Informed Of the passage ofthe res
,lntion I'D prepared the draft Of a message
stating o, clions to the hill becoming a law, a
copy OF W ich is herewith transmitted
ABRAHAM LINCOLN.
"July II, 1862"
tsl9ow Caisens Of The House Of Representatives:
herewith return TO your honorable body, in
which it originated the bill for an act, entitled
ain net to suppress treason and rebellion, TO seize
and confscate the property of rebels, and for
other purposes, together with my objections TO
its becoming law. There is much in the bill TO
which / perceive no objection. IL is wholly
prospective and il touches neither the person or
property Of any loyal citizen in which particular
Il is Just and proper.
The stand ID sections provide for conviction
and punishment Of persons who shall be guilty
of treason, and the person who shall incite, get
on foot assist or engage in any rebellion or in
surrection against the authority of the United
States or the laws thereof or shall give aid or
comfort to any such existing rebellion or insur-
rection.
BY fair construction the persons within these
sections are not 10 be punished without a regu-
lar triad in duly constituted courts, under the
forms and all the substantial provisions of law
and of the Constitution applicable TO their sew
eral cases. To this preceiye no objection, es-
pecially as such persons would be within the
general provision for pardon aud amnesty con-
tanned in this act
II also provides that the slaves Of persons,
confiscated under these sections, shall be free
l think there is an unfortunate form Of express
sion rather than a substantial objection TO this.
1t is startling TO say that Congress can free O
slave within State and yet were it said the own
ership of the slave had first been transferred to
the nation, and that Congress had then liberated
him, the difficulty would vanish, and this is the
real case. The traitor to the General Govern.
ment forfeits his slave, at least as Justly as h,
does any other property, and he forfeits both tC
the Government which he offends. The Gov
eminent, so far as there can be owners, owns the
forfeited slaves, and the question for Congress r
regard 70 thom is shall they be made free or sold
to new masters2 | see no objection to Congress
deciding in advance that they shall be free. To
the high honor of Kentucky, as am informed
she has been the owner of some slaves by es-
cheat and has sold none, but liberated all.
hope the same is true of some other States. In
deed do not believe it would be physically
possible for the General Government to return
persons 50 circumstanced to actual slavery.
believe there would be physical resistance to it,
which would never be moved aside by argument
or driven away by force.
In this view of it, have no objection to thi
feature of the bill. Another matter in these tw'
sections and running through other parts of tn,
act will be noticed hereafter. preceive no OBJ
iections to the third and fourth sections. SO fa
as ] wish TO notice the fifth and sixth sections
they may be considered together. That the en-.
forcement Of these sections would do no mius.
tice to the persons embraced within thcm il
clear. That those who make a causeless wa
should be compelled to pay the cost of it, is to'
obviously Just to be called in question. II
give government protection to the property @
persons who have abandoned it and gone ON
crusade TO overthrow that same Government,
absurd if considered in the mere light of justice
The severest justice may not always be the bes
policy.
The principle of sezing and appropriating tn
property of the persons embraced within thes
sections is certainly not very Objectionable, bu
justly discriminating application Of it woul,
be very difficult and TO great extent impossi
bic. Would it not be wise to place power o
remission somewhere, so that these persons may
know that they have something to save by de-
sistingG am not sure whether such power o
remission is or is not within Section 49, without
a special act of Congress. think our military
commanders when, in military phrase, they
"are within the enemy's country" should, in an
orderly manner, seize and keep whatever of real
or personal property may be necessary or con-
venient for their commands. AT the same time
preserve in some way the evidence of what they
do.
What have said in regard to slaves while
commenting ON the list and ID sections, is apph
cable to the 9th, with the difference that no pro
vision is made in the whole act for determining
whether a particular individual slave does o
does not fail within the classes defined in tina
section. He is to be free on certain conditions
but whether these conditions do or do not pei
tain to him, no mode ofascertaining is provided
This could be easily supplied.
To the 10th section make no objection. Al
! oath therein required seems to be proper, an
! the remainder of the section is substantial
Identified with law already existing
The eleventh section simply assumes to cor
, without the law. have no hesitation to 90 {
j far in the direction indicated as l may at an
time deem expedient; and am ready to say nov
think it is proper for our military commando
TO employ as laborers as many persons Of Africa
descent as can be used to advantage.
The twelfth and thirteenth sections are somt
what better; they are unobjectonable, and III
fourteenth is entirely proper, if all other parts
the act shall stand. That 10 which chiefly OF
iect pervades most parts of the act but more di.
II tinctly appears in the 1st ID, 7th and 9Th sections
II is the sum of those provisions which results i
the divesting Of title forever.
For the causes Of treason and the ingredient
j Of treason, but amounting to the full crime,
declares forfeiture beyond the life of the guilt
parties, whereas the Constitution of the Unite
States declares that no attainder oftreason sha
work corruption of blood or forfeiture exceI
j during the life of the person attained. Tru
there is to be formal attainder in this cas-
STILL think, the greater punishment cannot
constitutionaily inflicted in different form 4
the same offense. With greatrespect lam COZ
' strained to say / think this feature of the act
unconstitutional. 1t would not be difficnlt
: modifyit.
y l may remark, that the provision of the Coz
: stitutioD, put in language borrowed from Gre;
Britain, applies only in this country, as under
stand, to real OF landed estate. Again, this &C
by proceedings in rem, forfeits property for Ii
ingredients Of treason, without conviction of ii
supposed criminal, or personal hearing give
him in any proceeding. That we may not touc
property lying within our reach, because we cal
not give personal notice TO an owner who is al
soDt endeayoring to destroy the Goverument,
certainly not very satisfactory Still the own
may not thus be engaged, and think reason
h BILE time should be provided for such parties
: appear and have personal hearing. Similarpr
visions are not uncommon in connection wi
proceedings IN rem. For the reasons stated
: return the bill 10 the House in which ii origin
: ted
Officers of the IOOth Regiment.
The Military Committees Of the several eou
ties in which the Tooth Regiment o. v. l. is