Year: 1861




RESPONSE OF SENATOR RICE.


SAINT PAUL, October 4th, 1861.


ours of the 9th Septem-
ber. asking, as Committee on behalf of
public meeting of citizens, my "position on
the doctrine enunciated by General FRE.
MONT, in his proclamation relative to Goa.
fiscation of the negro property of rebels in
Missouri" has been duly received.


In reply, 1 have to state, that, as loyal
citizen, and sworn officer of the Government,
my position on the subject referred to in
your communication, is, and must of neces.
sity be, identical with that which is pre-.
scribed by the law enacted at the late ex-
ira session of Congress, in regard to the
confscation of property used for insurrec-
tionary purposes the fourth section of
which relates to the confscatiOn of negro
property, and reads as follows:


Sec. 4: And be 1t further enacted, That when-
ever hereafter, during the present insurrection
against the Government of the United States,
any person claimed to be held to labor or ser.
vice under the law of any State, shall be re.
quired or permitted by the person to whom
such labor or service is claimed to be due, or
by the lawful agent of such person, to take up
arms against the United States or shall be re-
quired or permitted by the person to whom
such labor or service is claimed to be due, or
his lawful agent, to work or to be employed
in or upon any fort, navy yard, dock, armOry,
ship, intrenchment, or in any military or naval
service whatsoever, against the Government
and lawful authority of the United States,
then, and in every such case. the person to
whom such labor or service is claimed to be
due shall forfeit his claim to such labor, any
law of the State or of the United States to the
contrary Notwithstanding. And whenever
thereafter the person claiming such labor or
service shall seek to enforce his claim, it shall
be full and sufficient answer to such claim
that the person whose service or labor is claim.
ed had been employed in hostile service
against the Government of the United States,
contrary to the provisions OF this act.


This law is of recent date enacted at
time when the condition of affairs was as it
now remains and after full discussion of
the legal aspects as we'll as public policy of
the bill on which it was founded: 1t was
intended to be, and is, specifically declara.
tory OF the power of con6scation, and the
limits which shall bound its exercise. AS a
law thus made with direct reference to the
present state of the country, it is especially
binding upon all men, military and civil, in
public aud in private station ; and binding
upon all as we'll in respect to its limitations,
as to its grants, of power. So far. then, as
the proclamation of General FREMONT con
forms to the law enacted for his guide, and
for the guide Of all men in authority, to that
extent it is the duty of all good citizens to
approve it; wherein it transcends, and thus
violates the law, it is equally the duty of
all good citizens to condemn it. And this,
as it appears to me, is your duty and mine,
whatever we may think of the mere ques-
tiou of policy, good or bad, involved in the
proclamation referred to.


Impressed with these views, have not
hesitated to justify and applaud the action
OF the President, wherein he made the pro-
camation of General FREMONT conformab.e
to the law which is obligatory upon them
both. The people have placed 10 the hands
of President LINCOLN and bis constitutional
advisers the responsibility of conducting US
through the fearful peril that confronts US.
1t is such responsibility as never before
rested upon the shoulders of any administers
tion; and however 1 may regret difference
of opinion between the President and his
subordinates, my principles and my convic.
tions of present duty unite to solve all such
questions for me. Within the bounds of
law the inferior must yield to the superior /;
the Commander-in-C Chief must be greater
than his Generals; and the people must
strengthen, by a united support, the Execu.
tive in whose hands they have placed vast
powers, and on whom they have cast equally
vast responsibilities.


There is but one question, worth consid.
ering, before the people of the loyal States
Union or Disunion; and all other issues
are lost IN this momentous struggle. Those
in favor of sustaining the Union must make
great sacrifices, not only of material interests,
but of preconceived opinions upon other
questions of minor importance and at no
time, and in no place, permit old prejudices,
however honestly entertained, to obscure the
great object in view. If the Administration