I am not sure whether such power of remission is or is not in section

thirteen. Without any special act of Congress, I think our military

commanders, when--in military phrase, "they are within the enemy's

country," should, in an orderly manner, seize and use whatever of real or

personal property may be necessary or convenient for their commands; at

the same time preserving, in some way, the evidence of what they do.

What I have said in regard to slaves, while commenting on the first and

second sections, is applicable to the ninth, with the difference that no

provision is made in the whole act for determining whether a particular

individual slave does or does not fall within the classes defined in

that section. He is to be free upon certain conditions but whether

those conditions do or do not pertain to him no mode of ascertaining is

provided. This could be easily supplied.

To the tenth section I make no objection. The oath therein required seems

to be proper, and the remainder of the section is substantially identical

with a law already existing.

The eleventh section simply assumes to confer discretionary power upon

the executive. Without the law, I have no hesitation to go as far in the

direction indicated as I may at any time deem expedient. And I am ready

to say now--I think it is proper for our military commanders to employ, as

laborers, as many persons of African descent as can be used to advantage.

The twelfth and thirteenth sections are something better than

unobjectionable; and the fourteenth is entirely proper, if all other parts

of the act shall stand.

That to which I chiefly object pervades most parts of the act, but more

distinctly appears in the first, second, seventh, and eighth sections.

It is the sum of those provisions which results in the divesting of title

forever.

For the causes of treason and ingredients of treason, not amounting to

the full crime, it declares forfeiture extending beyond the lives of the

guilty parties; whereas the Constitution of the United States declares

that "no attainder of treason shall work corruption of blood or forfeiture

except during the life of the person attainted." True, there is to be

no formal attainder in this case; still, I think the greater punishment

cannot be constitutionally inflicted, in a different form, for the same

offence.

With great respect I am constrained to say I think this feature of the act

is unconstitutional. It would not be difficult to modify it.

I may remark that the provision of the Constitution, put in language

borrowed from Great Britain, applies only in this country, as I

understand, to real or landed estate.

Again, this act in rem forfeits property for the ingredients of treason

without a conviction of the supposed criminal, or a personal hearing given

him in any proceeding. That we may not touch property lying within our

reach, because we cannot give personal notice to an owner who is absent

endeavoring to destroy the government, is certainly not satisfactory.

Still, the owner may not be thus engaged; and I think a reasonable time

should be provided for such parties to appear and have personal hearings.

Similar provisions are not uncommon in connection with proceedings in rem.

For the reasons stated, I return the bill to the House in which it

originated.

TELEGRAM TO GENERAL G. B. McCLELLAN.

WAR DEPARTMENT, WASHINGTON CITY, D.C., July 21, 1862.

MAJOR-GENERAL McCLELLAN:

This is Monday. I hope to be able to tell you on Thursday what is to be

done with Burnside.

A. LINCOLN.

ORDER IN REGARD TO BEHAVIOR OF ALIENS

WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,

WASHINGTON, July 21, 1862.

The following order has been received from the President of the United

States:

Representations have been made to the President by the ministers of

various foreign powers in amity with the United States that subjects of

such powers have during the present insurrection been obliged or required

by military authorities to take an oath of general or qualified allegiance

to this government. It is the duty of all aliens residing in the United

States to submit to and obey the laws and respect the authority of

the government. For any proceeding or conduct inconsistent with this

obligation and subversive of that authority they may rightfully be

subjected to military restraints when this may be necessary. But they

cannot be required to take an oath of allegiance to this government,

because it conflicts with the duty they owe to their own sovereigns. All

such obligations heretofore taken are therefore remitted and annulled.

Military commanders will abstain from imposing similar obligations in

future, and will in lieu thereof adopt such other restraints of the

character indicated as they shall find necessary, convenient, and

effectual for the public safety. It is further directed that whenever any

order shall be made affecting the personal liberty of an alien reports of

the same and of the causes thereof shall be made to the War Department for

the consideration of the Department of State.

By order of the Secretary of War:

L. THOMAS, Adjutant-General.

ORDER AUTHORIZING EMPLOYMENT OF "CONTRABANDS."

WAR DEPARTMENT, July 22, 1862.

Ordered:

1. That military commanders within the States of Virginia, South Carolina,

Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, and Arkansas in

an orderly manner seize and use any property, real or personal, which may

be necessary or convenient for their several commands as supplies or for

other military purposes; and that while property may be destroyed for

proper military objects, none shall be destroyed in wantonness or malice.

2. That military and naval commanders shall employ as laborers within

and from said States so many persons of African descent as can be

advantageously used for military or naval purposes, giving them reasonable

wages for their labor.

3. That as to both property and persons of African descent accounts shall

be kept sufficiently accurate and in detail to show quantities and amounts

and from whom both property and such persons shall have come, as a basis

upon which compensation can be made in proper cases; and the several

departments of this government shall attend to and perform their

appropriate parts toward the execution of these orders.

By order of the President: EDWIN M. STANTON, Secretary of War.

WARNING TO REBEL SYMPATHIZERS

PROCLAMATION, JULY 25, 1862.

THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A Proclamation.

In pursuance of the sixth section of the act of Congress entitled "An act

to suppress insurrection and to punish treason and rebellion, to seize and

confiscate property of rebels, and for other purposes," approved July

17, 1862, and which act and the joint resolution explanatory thereof are

herewith published, I, Abraham Lincoln, President of the United States, do

hereby proclaim to and warn all persons within the contemplation of

said sixth section to cease participating in, aiding, countenancing, or

abetting the existing rebellion or any rebellion against the Government of

the United States and to return to their proper allegiance to the United

States, on pain of the forfeitures and seizures as within and by said

sixth section provided.

In testimony whereof I have hereunto set my hand and caused the seal of

the United States to be affixed.

Done at the city of Washington, this twenty-fifth day of July, A.D. 1862,

and of the independence of the United States the eighty-seventh.

A. LINCOLN.

By the President: WILLIAM H. SEWARD, Secretary of State.

HOLD MY HAND WHILST THE ENEMY STABS ME

TO REVERDY JOHNSON.

(Private.)

EXECUTIVE MANSION, WASHINGTON, July 26, 1862.

HON. REVERDY JOHNSON.

MY DEAR SIR:--Yours of the 16th is received...........

You are ready to say I apply to friends what is due only to enemies. I

distrust the wisdom if not the sincerity of friends who would hold my

hands while my enemies stab me. This appeal of professed friends has

paralyzed me more in this struggle than any other one thing. You remember

telling me, the day after the Baltimore mob in April, 1861, that it would

crush all Union feeling in Maryland for me to attempt bringing troops over

Maryland soil to Washington. I brought the troops notwithstanding, and

yet there was Union feeling enough left to elect a Legislature the

next autumn, which in turn elected a very excellent Union United States

senator! I am a patient man--always willing to forgive on the Christian

terms of repentance, and also to give ample time for repentance. Still,

I must save this government, if possible. What I cannot do, of course, I

will not do; but it may as well be understood, once for all, that I shall

not surrender this game leaving any available card unplayed.

Yours truly,

A. LINCOLN.

TO CUTHBERT BULLITT.

(Private.)

WASHINGTON, D. C., July 28, 1862.

CUTHBERT BULLITT, Esq., New Orleans, Louisiana.

SIR:--The copy of a letter addressed to yourself by Mr. Thomas J. Durant

has been shown to me. The writer appears to be an able, a dispassionate,

and an entirely sincere man. The first part of the letter is devoted to

an effort to show that the secession ordinance of Louisiana was adopted

against the will of a majority of the people. This is probably true,

and in that fact may be found some instruction. Why did they allow the

ordinance to go into effect? Why did they not assert themselves? Why stand

passive and allow themselves to be trodden down by minority? Why did they

not hold popular meetings and have a convention of their own to express

and enforce the true sentiment of the State? If preorganization was

against them then, why not do this now that the United States army is

present to protect them? The paralysis--the dead palsy--of the government

in this whole struggle is that this class of men will do nothing for the

government, nothing for themselves, except demanding that the government

shall not strike its open enemies, lest they be struck by accident!

Mr. Durant complains that in various ways the relation of master and slave

is disturbed by the presence of our army, and he considers it particularly

vexatious that this, in part, is done under cover of an act of Congress,

while constitutional guaranties are suspended on the plea of military

necessity. The truth is, that what is done and omitted about slaves

is done and omitted on the same military necessity. It is a military

necessity to have men and money; and we can get neither in sufficient

numbers or amounts if we keep from or drive from our lines slaves coming

to them. Mr. Durant cannot be ignorant of the pressure in this direction,

nor of my efforts to hold it within bounds till he and such as he shall

have time to help themselves.

I am not posted to speak understandingly on all the police regulations

of which Mr. Durant complains. If experience shows any one of them to be

wrong, let them be set right. I think I can perceive in the freedom

of trade which Mr. Durant urges that he would relieve both friends and

enemies from the pressure of the blockade. By this he would serve the

enemy more effectively than the enemy is able to serve himself. I do not

say or believe that to serve the enemy is the purpose, of Mr. Durant,

or that he is conscious of any purpose other than national and patriotic

ones. Still, if there were a class of men who, having no choice of sides

in the contest, were anxious only to have quiet and comfort for themselves

while it rages, and to fall in with the victorious side at the end of it

without loss to themselves, their advice as to the mode of conducting

the contest would be precisely such as his is. He speaks of no

duty--apparently thinks of none--resting upon Union men. He even thinks it

injurious to the Union cause that they should be restrained in trade and

passage without taking sides. They are to touch neither a sail nor a pump,

but to be merely passengers--deadheads at that--to be carried snug and dry

throughout the storm, and safely landed right side up. Nay, more: even

a mutineer is to go untouched, lest these sacred passengers receive an

accidental wound. Of course the rebellion will never be suppressed in

Louisiana if the professed Union men there will neither help to do it nor

permit the government to do it without their help. Now, I think the true

remedy is very different from what is suggested by Mr. Durant. It does not

lie in rounding the rough angles of the war, but in removing the necessity

for the war. The people of Louisiana who wish protection to person and

property have but to reach forth their hands and take it. Let them in good

faith reinaugurate the national authority, and set up a State government

conforming thereto under the Constitution. They know how to do it and can

have the protection of the army while doing it. The army will be withdrawn

so soon as such State government can dispense with its presence; and the

people of the State can then, upon the old constitutional terms, govern

themselves to their own liking. This is very simple and easy.

If they will not do this--if they prefer to hazard all for the sake

of destroying the government--it is for them to consider whether it is

probable I will surrender the government to save them from losing all. If

they decline what I suggest, you scarcely need to ask what I will do. What

would you do in my position? Would you drop the war where it is? Or would

you prosecute it in future with elder-stalk squirts charged with rose

water? Would you deal lighter blows rather than heavier ones? Would you

give up the contest, leaving any available means unapplied? I am in no

boastful mood. I shall not do more than I can, and I shall do all I can,

to save the government, which is my sworn duty as well as my personal

inclination. I shall do nothing in malice. What I deal with is too vast

for malicious dealing.

Yours truly,

A. LINCOLN.

TO LOYAL GOVERNORS.

WAR DEPARTMENT, WASHINGTON, D.C.,

July 28, 1862.

GOVERNORS OF ALL LOYAL STATES:

It would be of great service here for us to know, as fully as you can

tell, what progress is made and making in recruiting for old regiments

in your State. Also about what day the first regiments can move with you,

what the second, what the third, and so on. This information is important

to us in making calculations. Please give it as promptly and accurately as

you call.

A. LINCOLN.

BROKEN EGGS CANNOT BE MENDED

EXTRACT FROM LETTER TO AUGUST BELMONT.

July 31, 1862.

Broken eggs cannot be mended; but Louisiana has nothing to do now but to

take her place in the Union as it was, barring the already broken eggs.

The sooner she does so, the smaller will be the amount of that which will

be past mending. This government cannot much longer play a game in

which it stakes all, and its enemies stake nothing. Those enemies must

understand that they cannot experiment for ten years trying to destroy the

government, and if they fail, still come back into the Union unhurt. If

they expect in any contingency to ever have the Union as it was, I join

with the writer in saying, "Now is the time."

How much better it would have been for the writer to have gone at this,

under the protection of the army at New Orleans, than to have sat down in

a closet writing complaining letters northward!

Yours truly,

A. LINCOLN.

TO COUNT GASPARIN.

EXECUTIVE MANSION, WASHINGTON,

August 4, 1863.

TO COUNT A. DE GASPARIN.

DEAR SIR--Your very acceptable letter, dated Orbe, Canton de Vaud,

Switzerland, 18th of July, 1862, is received. The moral effect was the

worst of the affair before Richmond, and that has run its course downward.

We are now at a stand, and shall soon be rising again, as we hope. I

believe it is true that, in men and material, the enemy suffered more than

we in that series of conflicts, while it is certain that he is less able

to bear it.

With us every soldier is a man of character, and must be treated with

more consideration than is customary in Europe. Hence our great army, for

slighter causes than could have prevailed there, has dwindled rapidly,

bringing the necessity for a new call earlier than was anticipated. We

shall easily obtain the new levy, however. Be not alarmed if you shall

learn that we shall have resorted to a draft for part of this. It seems

strange even to me, but it is true, that the government is now pressed

to this course by a popular demand. Thousands who wish not to personally

enter the service are nevertheless anxious to pay and send substitutes,

provided they can have assurance that unwilling persons, similarly

situated, will be compelled to do likewise. Besides this, volunteers

mostly choose to enter newly forming regiments, while drafted men can be

sent to fill up the old ones, wherein man for man they are quite doubly as

valuable.

You ask, "Why is it that the North with her great armies so often is found

with inferiority of numbers face to face with the armies of the South?"

While I painfully know the fact, a military man, which I am not, would

better answer the question. The fact I know has not been overlooked, and

I suppose the cause of its continuance lies mainly in the other facts

that the enemy holds the interior and we the exterior lines, and that

we operate where the people convey information to the enemy, while he

operates where they convey none to us.

I have received the volume and letter which you did me the honor of

addressing to me, and for which please accept my sincere thanks. You are

much admired in America for the ability of your writings, and much

loved for your generosity to us and your devotion to liberal principles

generally.

You are quite right as to the importance to us, for its bearing upon

Europe, that we should achieve military successes, and the same is true

for us at home as well as abroad. Yet it seems unreasonable that a series

of successes, extending through half a year, and clearing more than

100,000 square miles of country, should help us so little, while a single

half-defeat should hurt us so much. But let us be patient.

I am very happy to know that my course has not conflicted with your

judgment of propriety and policy I can only say that I have acted upon my

best convictions, without selfishness or malice, and that by the help of

God I shall continue to do so.

Please be assured of my highest respect and esteem.

A. LINCOLN.

SPEECH AT A WAR MEETING, WASHINGTON, AUGUST 6, 1862

FELLOW CITIZENS: I believe there is no precedent for my appearing before

you on this occasion, but it is also true that there is no precedent for

your being here yourselves, and I offer in justification of myself and

of you that, upon examination, I have found nothing in the Constitution

against it. I, however, have an impression that; there are younger

gentlemen who will entertain you better and better address your

understanding than I will or could, and therefore I propose but to detain

you a moment longer. I am very little inclined on any occasion to say

anything unless I hope to produce some good by it. The only thing I think

of just now not likely to be better said by some one else is a matter in

which we have heard some other persons blamed for what I did myself There

has been a very widespread attempt to have a quarrel between General

McClellan and the Secretary of War Now, I occupy a position that enables

me to believe that these two gentlemen are not nearly so deep in the

quarrel as some presuming to be their friends. General McClellan's

attitude is such that in the very selfishness of his nature he cannot but

wish to be successful--and I hope he will--and the Secretary of War is

precisely in the same situation. If the military commanders in the field

cannot be successful, not only the Secretary of War, but myself, for the

time being the master of both, cannot but be failures. I know General

McClellan wishes to be successful, and I know he does not wish it any more

than the Secretary of War for him, and both of them together no more

than I wish it. Sometimes we have a dispute about how many men General

McClellan has had, and those who would disparage him say he has had a very

large number, and those who would disparage the Secretary of War insist

that General McClellan has had a very small number. The basis for this is,

there is always a wide difference, and on this occasion perhaps a wider

one, between the grand total on McClellan's rolls and the men actually

fit for duty; and those who would disparage him talk of the grand total on

paper, and those who would disparage the Secretary of War talk of those

at present fit for duty. General McClellan has sometimes asked for things

that the Secretary of War did not give him. General McClellan is not to

blame for asking for what he wanted and needed, and the Secretary of War

is not to blame for not giving when he had none to give. And I say here,

so far as I know, the Secretary of War has withheld no one thing at any

time in my power to give him. I have no accusation against him. I believe

he is a brave and able man, and I stand here, as justice requires me to

do, to take upon myself what has been charged on the Secretary of War as

withholding from him. I have talked longer than I expected to do, and now

I avail myself of my privilege of saying no more.

TELEGRAM TO GOVERNOR ANDREW. August 12, 1862.

WAR DEPARTMENT, WASHINGTON CITY, D.C.

GOVERNOR ANDREW, Boston, Mass.:

Your despatch saying "I can't get those regiments off because I can't

get quick work out of the V. S. disbursing officer and the paymaster" is

received. Please say to these gentlemen that if they do not work quickly I

will make quick work with them. In the name of all that is reasonable, how

long does it take to pay a couple of regiments? We were never more in need

of the arrival of regiments than now--even to-day.

A. LINCOLN.

TELEGRAM TO GOVERNOR CURTIN. August 12, 1862.

WAR DEPARTMENT, WASHINGTON, D.C.

GOVERNOR CURTIN, Harrisburg, Penn.:

It is very important for some regiments to arrive here at once. What lack

you from us? What can we do to expedite matters? Answer.

A. LINCOLN.

TELEGRAM TO GENERAL S. R. CURTIS. August 12, 1862.

WASHINGTON, D. C.

MAJOR-GENERAL CURTIS, St. Louis, Missouri:

Would the completion of the railroad some distance farther in the

direction of Springfield, Mo., be of any military advantage to you? Please

answer.

A. LINCOLN.

ADDRESS ON COLONIZATION TO A DEPUTATION OF COLORED MEN.

WASHINGTON, Thursday, August 14, 1862.

This afternoon the President of the United States gave an audience to a

committee of colored men at the White House. They were introduced by

Rev. J. Mitchell, Commissioner of Emigration, E. M. Thomas, the chairman,

remarked that they were there by invitation to hear what the Executive had

to say to them.

Having all been seated, the President, after a few preliminary

observations, informed them that a sum of money had been appropriated by

Congress, and placed at his disposition, for the purpose of aiding the

colonization, in some country, of the people, or a portion of them, of

African descent, thereby making it his duty, as it had for a long time

been his inclination, to favor that cause. And why, he asked, should the

people of your race be colonized, and where? Why should they leave this

country? This is, perhaps, the first question for proper consideration.

You and we are different races. We have between us a broader difference

than exists between almost any other two races. Whether it is right

or wrong I need not discuss; but this physical difference is a great

disadvantage to us both, as I think. Your race suffer very greatly, many

of them, by living among us, while ours suffer from your presence. In a

word, we suffer on each side. If this is admitted, it affords a reason, at

least, why we should be separated. You here are free men, I suppose.

[A voice--"Yes, sir!"]

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