of a private owner for a pasture, an encampment, or a fortification, he has the right to do so, and to so hold it as long as the necessity lasts; and this is within military law, because within military necessity. But to say the farm shall no longer belong to the owner, or his heirs forever, and this as well when the farm is not needed for military purposes as when it is, is purely political, without the savor of military law about it. And the same is true of slaves. If the general needs them, he can seize them and use them; but when the need is past, it is not for him to fix their permanent future condition. That must be settled according to laws made by law-makers, and not by military proclamations. The proclamation in the point in question is simply "dictatorship." It assumes that the general may do anything he pleases -confiscate the lands and free the slaves of loyal people, as well as of disloyal ones. And going the whole figure, I have no doubt, would be more popular with some thoughtless people than that which has been done! But I cannot assume this reckless position, nor allow others to assume it on my responsibility.

You speak of it as being the only means of saving the government. On the contrary, it is itself the surrender of the government. Can it be pretended that it is any longer the Government of the United States-any government of constitution and laws— wherein a general or a president may make permanent rules of property by proclamation? I do not say Congress might not with propriety pass a law on the point, just such as General Frémont proclaimed.

I do not say I might not, as a member of Congress, vote for it. What I object to is, that I, as President, shall expressly or impliedly seize and exercise the permanent legislative functions of the government.

So much as to principle. Now as to policy. No doubt the thing was popular in some quarters, and would have been more so if it had been a general declaration of emancipation. The Kentucky Legislature would not budge till that proclamation was modified; and General Anderson telegraphed me that on the news of General Frémont having actually issued deeds of manumission, a whole company of our volunteers threw down their arms and disbanded. I was so assured as to think it probable that the very arms we had furnished Kentucky would be turned against us. I think to lose Kentucky is nearly the same as to lose the whole game. Kentucky gone, we cannot hold Missouri, nor, as I think, Maryland. These all against us, and the job on our hands is too large for us. We would as well consent to separation at once, including the surrender of this capital. On the contrary, if you will give up your restlessness for new positions, and back me manfully on the grounds upon which you and other kind friends gave me the election and have approved in my public documents, we shall go through triumphantly. You must not understand I took my course on the proclamation because of Kentucky. I took the same ground in a private letter to General Frémont before I heard from Kentucky.

You think I am inconsistent because I did not also forbid General Frémont to shoot men under the

proclamation. I understand that part to be within military law, but I also think, and so privately wrote General Frémont, that it is impolitic in this, that our adversaries have the power, and will certainly exercise it, to shoot as many of our men as we shoot of theirs. I did not say this in the public letter, because it is a subject I prefer not to discuss in the hearing of our enemies.

There has been no thought of removing General Frémont on any ground connected with his proclamation, and if there has been any wish for his removal on any ground, our mutual friend Sam. Glover can probably tell you what it was. I hope no real necessity for it exists on any ground.

Your friend, as ever,

A. LINCOLN.

MEMORANDUM FOR A PLAN OF CAMPAIGN,

[OCTOBER I?] 1861.1

On or about the 5th of October (the exact date to be determined hereafter) I wish a movement made to seize and hold a point on the railroad connecting Virginia and Tennessee near the mountain-pass called Cumberland Gap. That point is now guarded against us by Zollicoffer, with 6000 or 8000 rebels at Barboursville, Ky.,-say twenty-five miles from the Gap, toward Lexington. We have a force of 5000 or 6000 under General Thomas, at Camp Dick Robinson, about twenty-five miles from Lexington

10. R. A.

and seventy-five from Zollicoffer's camp, on the road between the two. There is not a railroad anywhere between Lexington and the point to be seized, and along the whole length of which the Union sentiment among the people largely predominates. We have military possession of the railroad from Cincinnati to Lexington, and from Louisville to Lexington, and some home guards, under General Crittenden, are on the latter line. We have possession of the railroad from Louisville to Nashville, Tenn., so far as Muldraugh's Hill, about forty miles, and the rebels have possession of that road all south of there. At the Hill we have a force of 8000, under General Sherman, and about an equal force of rebels is a very short distance south, under General Buckner.

We have a large force at Paducah, and a smaller at Fort Holt, both on the Kentucky side, with some at Bird's Point, Cairo, Mound City, Evansville, and New Albany, all on the other side, and all which, with the gunboats on the river, are perhaps sufficient to guard the Ohio from Louisville to its mouth.

About supplies of troops, my general idea is that all from Wisconsin, Minnesota, Iowa, Illinois, Missouri, and Kansas, not now elsewhere, be left to Frémont. All from Indiana and Michigan, not now elsewhere, be sent to Anderson at Louisville. All from Ohio needed in western Virginia be sent there, and any remainder be sent to Mitchel at Cincinnati, for Anderson. All east of the mountains be appropriated to McClellan and to the coast.

As to movements, my idea is that the one for the coast and that on Cumberland Gap be simultaneous,

and that in the meantime preparation, vigilant watching, and the defensive only be acted upon; this, however, not to apply to Frémont's operations in northern and middle Missouri. That before these movements Thomas and Sherman shall respectively watch but not attack Zollicoffer and Buckner. That when the coast and Gap movements shall be ready Sherman is merely to stand fast, while all at Cincinnati and all at Louisville, with all on the line, concentrate rapidly at Lexington, and thence to Thomas's camp, joining him, and the whole thence upon the Gap. It is for the military men to decide whether they can find a pass through the mountains at or near the Gap which cannot be defended by the enemy with a greatly inferior force, and what is to be done in regard to this.

The coast and Gap movements made, Generals McClellan and Frémont, in their respective departments, will avail themselves of any advantages the diversions may present.

TO THE SECRETARY OF STATE.

EXECUTIVE MANSION, October 4, 1861.

HONORABLE SECRETARY OF STATE.

MY DEAR SIR:-Please see Mr. Walker, well vouched as a Union man and son-in-law of Governor Morehead, and pleading for his release. I understand the Kentucky arrests were not made by special direction from here, and I am willing if you are that any of the parties may be released when James Guthrie and James Speed think they should be.

Yours truly,

A. LINCOLN.