Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
“A more difficult question is presented in respect to persons
escaping from the service of loyal masters. It is quite apparent
that the laws of the State under which only the service of such
fugitives can be claimed must needs be wholly or almost wholly
superseded, as to the remedies, by the insurrection and the
military measures necessitated by it; and it is equally apparent
that the substitution of military for judicial measures for the
enforcement of such claims must be attended by great inconvenience,
embarrassments and injuries. Under these circumstances, it seems
quite clear that the substantial rights of loyal masters are still
best protected by receiving such fugitives, as well as fugitives
from disloyal masters, into the service of the United States, and
employing them under such organizations and in such occupations as
circumstances may suggest or require. Of course a record should
be kept showing the names and descriptions of the fugitives, the
names and characters, as loyal or disloyal, of their masters, and
such facts as may be necessary to a correct understanding of the
circumstances of each case.
“After tranquility shall have been restored upon the return of
peace, Congress will doubtless properly provide for all the persons
thus received into the service of the Union, and for a just
compensation to loyal masters. In this way only, it would seem,
can the duty and safety of the Government and just rights of all
be fully reconciled and harmonized. You will, therefore, consider
yourself instructed to govern your future action in respect to
fugitives from service by the premises herein stated, and will
report from time to time, and at least twice in each month, your
action in the premises to this Department. You will, however,
neither authorize nor permit any interference by the troops under
your command with the servants of peaceable citizens in a house or
field, nor will you in any manner encourage such citizens to leave
the lawful service of their masters, nor will you, except in cases
where the public good may seem to require it, prevent the voluntary
return of any fugitive to the service from which he may have
escaped.”
The Act of Congress to which allusion has already been made, as
providing for the confiscation of the estates of persons in open
rebellion against the Government, limited the penalty to property
actually employed in the service of the rebellion, with the knowledge
and consent of its owners; and, instead of emancipating slaves thus
employed, left the disposition to be made of them to be determined by
the United States Courts, or by subsequent legislation.
General Fremont, in command of the Department of Missouri, in an order
dated August 30th, declaring martial law established throughout that
State, used the following language:
Public-domain text, read in full here on John Shaqi.
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