The Memphis union appeal. [volume] (Memphis, Tenn.) 1862-1862, 1862-07-26

explanatory OF said ret, as beng substantially
one.
1 have approved and signed both. Before
| was informed of the passage of the iesolution,
had prepared the draft of message stating
objections to the bill becoming law. 8 copy
of which draft is herewith transmitted.
ABRAHAM LINCOLN.
July II, 1862.
Ohiections OF the President.
FeILoso Citizens of the House Of Representa-
tires: / herewith return 10 your honorable
body, in which it originated, the bill for an act
entitled aAa Act to suppress treason and re-
bellion-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 10 which l per-
ceive no objections. 1t is wholly prospective,
and it touches neither the person nor property
of any loyal citizen, in which particular it is
just and proper.
First and Second seeti Ons.
The first and second section provide for the
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 Instruction against the au-
thority of the United States and the laws there
of or shall give aid or comfort to any existing
rebellion or instruction.
By fair construction the persons within,these
sections are not to be punished without regular
trials in duly constituted courts, under the
forms and all the substantial provisions of law
and of the Constitution applicable to their
several cases. To this / perceive no objection,
especially as such persons would be within the
| general pardoning power, and also within the
| special provisions for pardon and amnesty con-
/ tanned 10 this act.
Italso provides that the slaves of persons con-
II H. a H1a11 - 70 hs,,ly
/ that there is an unfortunate form of expression
rather than a substantial objection in this. 1t
is startling to say that Congress can free 8
| slave within State; and yet were it said that
| the ownership of the slave had first been trans
| ferred to the nation, and that Congress had
| then liberated him, the difficulty would van
| ish. And this is the real case.
| The traitor against tie general government
| forfeits his slave at least as justly as he does
any other property, and he forfeits besA to the
| government agsinst which he offends.
The government, so far as there can be own
ership, owns the forfeited slaves, and the qaes.
ton for Congress, in regard to them is, Shall
they be made free, or sold to new masters ?"
l see no objection to Congress deciding in
advance that they shall be free.
| To the high honor of Kentucky, as am in
| formed, she has been the owner of some slaves
| by escheat and has sold none but liberated
| all. hope the same is true of some other
States. Indeed, ] do not believe it would be
phy sicslly possible for the general government
! to return persons so circumstance to actual
| slavery. I believe there would be physical
resistance 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 ratified hereafter.
Third and Fourth Sections.
/ l perceive no objection to the third and
fourth sections.
krtfth and sixth Sections.
So far as wish to notice the fifth and siYth
sections, they may be considered together.
That the enforcement Of these sections would
do no injustice to the persons embraced within
them is clear. That those who make q cause
less war should be compelled to pay the cost OF
it is too obviously just to be called in question
To give government protection to the property
OF persons who have abandoned it and gone on
9 crusade to overthrow the same government
is absurd, if considered in the mere light oil
justice. The severest justice may not always
be the best policy. The principle of seizing
and appropriating the property of the per-
sons embraced within these sections is Ger
tainly not very Objectionable, but justly dis
eliminating application of it would be very
difficult, and to great extent impossible. And
would it not be wise to place power of re
mission somewhere, so that these persons may
know they have something to save by desist
ing?
/ am not sure whether such power of remis.
sion is or is not within section thirteen, with
: out q special act of Congress.
think our military commanders, when, il
military phrase, they are within the enemy
country, should, in an orderly manner, seizl
and keep whatever of real and personal prop
erty may be necessary or convenient for thei
j commands, and at the same time preserve il
some way the evidence of what they do.
Eighth and Minth Sections.
What have said in regard to slaves, Will
commenting on the first snd SECOND sections
is applicable to the ninth, with the differenc
that no provision is made in the whole act 70
+ determining whether particular individua
, slave does or does not fall within the classe
defined in that section. He is to be free upol
certain conditions, but whether these condi
tions do or do not pertain to him, no mode 0
ascertaining is provided. This could be easil,
supplied.
Remaining Sections.
To the tenth section I make no objeotion
The oath therein required seems to be proper
$ and the remainder Of the section is substanti
> silly identical with law already existing.
The eleventh section simply assumes to con
fer discretionary powers upon the Executive
Without the law, I have no hesitation to e
as far in the direction indicated as I may 3
$ any time deem expedient. And am willing
to say now that think it is proper for mill
tary commanders to employ IS laborsrs q
many persons Of African descent IS can b
{ used to advantage.
0 The twelfth and thirteenth sections ar