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THE PRESIDENT'S PROCLAMATION.

363

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fort, navy-yard, dock, armory, ship, intrenchment, / are in a state of insurrection

The President's Proor in any military or naval service whaisoever, against the United States, and

clamation. against the Government and lawful authority of he that all commercial intercourse United States, then, and in every such case, the between the same and the inhabitants thereof, with person to whoin such labor or service is claimed to the exceptions aforesaid, and the citizens of other be due shall forfeit bis claim to such labor, any law States and other parts of the United States is un. of the State or of the United States to the contrary lawful, and will remain unlawful until such insurrec. notwithstanding. And whenever thereafter the per- tion shall cease or has been suppressed ; that all son claiming such labor or service shall seek to en- goods and chattels, wares and merchandise, coming force his claim, it shall be a full and sufficient an from any of said States, with the exceptions afore. swer to such claim that the person whose service or said, into other parts of the United States, without labor is claimed had been employed in hostile ser- the special license and permission of the President, vice against the Government of the United States, through the Secretary of the Treasury, or proceedcontrary to the provisions of this act.

ing to any of said States, with the exceptions afore“ Approved, August 6th, 1861."

said, by land or water, together with the vessel or The Proclamation for the enforcement of this Act vehicle conveying the same, or conveying persons was as follows:

to and from said States with said exceptions will be “WASIUNGTON, Friday, Aug. 16th, 1861. forfeited to the United States, and that from and af.

Whereas, On the 15th day ter fifteen days from the issuing of this proclamaThe President's Pro

of April, the President of the tion, all ships and vessels belonging in whole or in clamatiou.

United States, in view of an in- part to any citizen or inhabitant of any of said surrection against the laws, Constitution, and the States with said exceptions, found at sea or in any Government of the United States, which had hroken port of the United States, will be forfeited to the out within the States of South Carolina, Georgia, United States, and I hereby enjoin upon all District Alabama, Florida, Mississippi, Louisiana and Texas, Attorneys, Marshals, and officers of the Revenue and in pursuance of an act entitled ' An act to pro- and of the Military and Naval forces of the United vide for calling forth the militia to execute the laws States, to be vigilant in the execution of said act, of the Union, suppress insurrections, and repel inva- and in the enforcement of the penalties and forfeitsions, and to repeal the act now in force for that ures imposed or declared by it, leaving any party purpose,' approved Feb. 29th, 1795, did call forth who may think himself aggrieved thereby to his apthe militia to suppress said insurrection and cause plication to the Secretary of the Treasury for the the laws of the Union to be duly executed, and the remission of any penalty or forfeiture, which the insurgents have failed to disperse by the time di- said Secretary is authorized by law to grant, if, in rected by the President; and whereas, such insur- | his judgment, the special circumstances of any case rection has since broken out and yet exists within shall require such remission. the States of Virginia, North Carolina, Tennessee “In witness whereof, I have hereunto set my and Arkansas ; and whereas, the insurgents in all the hand and caused the seal of the United States to be said States claim to act under authority thereof, and affixed. such claim is not disclaimed or repudiated by the “Done in the City of Washington, this 16th day person exercising the functions of Government in of August, in the year of our Lord 1861, snd of the each State or States, or in the part or parts thereof Independence of the United States the eighty-sixth. in which combinativas exist, nor has such insurrec.

ABRAHAM LINCOLN. tion been suppressed by said States.

* By the President, Now, therefore, I, Abrahain Lincoln, President

“WM. H. SEWARD, Secretary of State. of the United States, in pursuance of an act of Con- This act, though quali

Nullity of the Act. gress, July 13th, 1861, do hereby declare that the in- fied by its title to cover habitants of the said States of Georgia, South Caro- only such property as had been “used for inlina, Virginia, North Carolina, Teanesseo, Alabama, surrectionary purposes,” was designed to be Louisiana, Texas, Arkansas, Mississippi and Florida, retaliatory. The friends of the Slave regard(except the inhabitants of that part of the State of cd it as the first step towards his enfranchiseVirginia lying west of the Alleguany Mountains, and

ment. But, it soon came to be regarded as of such other parts of that State, and the other States hereinbefore named, as muy maintain a loyal a dead letter in spite of its Congressional au

No adhesion to the Union and the Constitution, or may thority and Executive endorsement. be from time to time occupied and controlled by the commander of a department saw it enforced, forces engaged in the dispersion of said iusurgents,) | if we except Fremont's attempt in Missouri,

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ministration.

Seizures of Rebel

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and some few cases under

This class grew stronger Nullity of the Act.

General Butler's rule in with the slow progress of Opposition to the ad. New Orleans. Rather, it was set aside, and the Federal arms. In the orilers were promulgated by officers of all fall of 1862, it took the open form of opposigrades, forbidding slaves within their lines, tion to the Administration, and proved strong thus denying them the protection guaranteed enough to elect several of its candidates to by the act and bidding the law defiance,* the responsible positions of Governors, Con

Seizures for confiscation gressmen, &c. The distinctive issue assumed

were made in New York was the President's exercising unconstitutional Property.

early in September, under powers in conducting the war-in suspendthe act of July 30th, 1861. This professedly ing the writ of habeas corpus—in arresting provided "for the collection of duties on im- and incarcerating citizens without examinaports and for other purposes,” but was par- tion or trial—in forbidding the publication ticularly designed to confiscate rebel proper- of newspapers by excluding them from the ty in vessels or afloat. Section 6th of this mails—in the promulgation of edicts of conact we may quote:

fiscation and emancipation: all of which this “ Sec. 6. And be ut further enacted, That from and opposition assumed were “usurpations of after fifteen days after the issuing of the said procla- power." These issues were galvanized by mation, as provided in the last foregoing section of the ever popular cry of “ danger to liberty;" this act, any ship or vessel belonging in whole or in hence, soon gained the strength of a powerpart to any citizen or inhabitant of said State or part ful movement in their support. of a State whose inhabitants are so declared in a

The question of the right to suspend the state of insurrection, found at sea, or in any part of privileges of the habeas corpus writ already the rest of the United States, shall be forfeited to has been adverted to (Judge Taney's counter the United States." Under the provisions of this law the Sur. dix to this volume). The defense relied upon

opinion being given at length in the Appenveyor of the port of New York proceeded against numerous parties; but, the interpre- unconstitutional” indictment, like that as

by the President, on the other counts of this tation given to the act by the Secretary of the sumed in the habeas corpus proceedings, was Treasury in regard to forfeitures and penal

simply his right and duty, in time of war and ties, as well as transfers and sales, real

great public danger, to use every proper and or fictitious, made by owners of the

pro

necessary power to suppress treason, restrain perty seized, served to render the law almost

revolution and overthrow inoperative. The processes for its enforcement

In revealed the fact that there existed, in com- his two capacities of Chief

conspiracies for evil. mercial circles, a large and powerful class Executive of the Constitution and Laws, and who were ready to oppose every act for the Commander-in-Chief of the Army and Navy, sequestration or confiscation of the property he not only is properly empowered to enforce of disloyal Southern men. Having been as-obedience to the law of the land, but is resociated with the South in business relations, quired to do so by his oath of office. His their commercial sympathies were stronger failure to perform these functions is cause for than their loyalty; and, though comparative- his impeachment. In time of national danly silent during the early stages of the rebel

ger and war—the Constitution never contemlion, they were not therefore harmless, for plated, nor expressly provided, for, a state of they became the nucleus of the party which re- insurrection and revolution—he is expected solved that treason should not work attainder. by usage, and enjoined by law, to assume

such powers as are absolutely necessary for * A Kentucky court, sitting in judgment on the law, in October, 1862, declared it to be unconstitu- the public safety—to control interests and tional an-1 set aside the confiscation ordered in the persons both at home and abroad, and to sucase tested. The Emancipation act proclaimed persede, to the extent that he shall judge neSeptember 23d, 1862, would have been deemed un- cessary, domestic or foreign law, for military constitutional by the same ruling.

reasons. (Const. U. S., Art. 2 : 17 John. R.,

The President's

Defense.

MR. SE WARD'S CIRCULAR TO THE

GOVERNORS.

365

The President's

Defense.

The President's

Defense.

tervention.

52; 1 Curtis' C. C. R., 308; | He may stop or arrest presses
4 Whea. 259; 9 How. W.

or persons giving information,
S. R., 603; 13 Ib., 115; 16

or aid, or oomfort, to such do. Ib., 164; Gardner's Institutes, 33, 35, 78, 208, mestic or foreign enemy. He may arrest, try by

conrt-martial and punish all persons aiding an arm. 600-680.) These powers, it is true, are ex

ed foreign or domestic foe in any manner, such ceptional in their exercise: but that they are judgment being approved by Congress." powers conferred admit of little doubt. (See This view is that under which the Presipage 118). If there is, or was, a question of dent acted, and upon which he must rely for propriety in their assumption, the decision his defense. The several acts of Congress for or against the Executive must turn upon confirming his action or anticipating it by the fact whether or not the public safety and special legislation, all will be used as collatepreservation of the country necessitated the ral, and, in many respects, conclusive evicourse pursued. Upon that point there was, dence in his justification; and he who atat the time, no dissent among those loyal men tempts to make out a case against the Execuwho sought to crush revolution, and to pun- tive must meet the legislation of Congress as ish its abettors.

well as the questions of Constitutional preDisloyal men, in arms against the Consti

rogatives and construction. tution and laws, were loud in their assaults The Northern communiupon the President for “usurping" uncon- ty was excited, during the

Fears of Foreign In. stitutional powers; and their friends in the summer and fall of 1861, North were their echoes—for what reason it on the bugbear of a foreign intervention. To is scarcely necessary to inquire, when the the timid it was a source of exceeding fear proclivity for office and place of a large class

-to the disloyal a source of hope. It came of men is considered. Such men, it was to in time to inspire the Confederates with rebe presumed as a matter of course, would newed enthusiasm in their cause : it seemed seize upon any issue which promised to give to them that their independence was secure them a party and to restore their lost com- if a recognition should be made. To expemissions. In answer to those who may as- dite matters their most powerful champions sume, with those of the opposition, that were sent abroad, with extraordinary powers the President arrogated extra Constitutional to those two courts, which, in the 19th cenpowers, we may quote from an eminent au- tury, have presumed to exercise a paternal thority the general view entertained by the authority over all the nations of Earth. To friends of the Administration :

provide against it, and to show those thrones “ The President's powers are both discretionary in what spirit any interference in our affairs and supreme. No Court or Judge can review his would be received, the circular addressed by martial acts or his decisions in war. Impeachment Mr. Seward to the Governors of each of the is the remedy, if he intentionally and wrongfully ex. Seabord and Lake States may be cited. It ercises powers. No action or habeas corpus can lie or be employed against the President or his officers

“ DEPARTMENT OF STATE, to examine, defeat, or control this high constitu

Washington, October 14th, 1861. } tional and beneficent authority. (Ib.; 11 How., 272, “ To His EXCELLENCY, THE GOVERNOR, &c.: 284; 4 Whea., 634. Gardner Inst., 274, 275, 364.) Sir: The present insurrection had not even re. The military power of the Commander-in-Chief, by vealed itself in arms when disloyal citizens haste ned the Constitution, has no limit but the necessities of a to foreign countries to invoke their intervention for foreign or civil war, and of these he and his com- the overthrow of the Government and the destrucmanders are the sole judges. (Ib.) Hence, all per- tion of the Federal Union. These agents are known sons and things having relation to such war, or to to have made their appeals to some of the more its successful prosecution, are subject to the Presi. important States without success. It is not likely, dent's martial control. He can declare martial law however, that they will remain content with such in any city or place, though a general suspension refusals. Indeed, it is understood that they are inof the habeas corpus in a State may perhaps require dustriously endeavoring to accomplish their disloyal an act of Congress. He may stop all intercourse by purposes by degrees and by indirection. 'Taking sea or by land, by mails, by express or otherwise. I advantage of the embarrassments of agriculture,

was:

manufacture and commerce in for general defense, there is Jr. Seward's Circular foreign countries, resulting every reason to believe that

Mr. Seward's Circular to the Governors.

to the Governors. from the insurrection they have Congress would sanction what inaugurated at home, they seek to involve onr com- the State should do, and would provide for its reim. pou country in controversies with States with which bursement. every public interest and every interest of mankind “Should these suggestions be accepted, the Pres. require that it shall remain in relations of peace, ident will direct the proper agents of the Federal amity and friendship. I am able to state for your Government to confer with you, and to superintend, satisfaction that the prospect for any such disturb- direct and conduct the prosecution of the system of auce is now less serious than it has been at any defense of your State. previous period during the course of the insurrec

“I have the honor to be, sir, tion. It is, nevertheless, necessary now, as it has

“ Your obedient servant, hitherto been, to take every precaution that is pos

“ W. H. SEWARD." sible to avoid the evils of foreign war, to be super

This Circular was regarded by the English induced upon those of civil commotion which we are press and authorities as a menace," and was endeavoring to cure.

pronounced “ill-timed”—“a foolish confes. One of the most obvious of such precantions is sion of fear,” &c., &c. The reader will not that our ports and harbors on the seas and lakes be surprised to learn that its issue was partly should be put in a condition of complete defense, predicated upon the fact that Great Britain for ang nation may be said to voluntarily incur dan ordered, during September, twenty-tive thouger in tempestuous seasons when it fails to show sand fresh troops to be sent to Canada, for that it has sheltered itself on every side from which

distribution along our Northern frontier. the storm might possibly come.

This unexplained act of course the English "The measures which the Executive can adopt in the emergency are such only as Congress has sanc-press did not regard as a menace-as “illtioned, and for which it has provided.

timed” and a “foolish confession of fear." ** The President is putting forth the most diligent The same issue of the morning journals which cforts to execute those measures, and we have the first printed the Circular (October 17tlı), angreat satisfaction of seeing that these efforts are nounced the escape of the rebel Commissionseconded by the favor, aid and support of a loyal, ers extraordinary to England and France. patriotic and self-sacrificing people, who are rapidly Mr. Seward's prior information of the objects bringing the military and naval force of the United of the mission, also had something to do in States into the highest state of efĦciency. But, Con the promulgation of his warning. gress was chiefly absorbed, during its recent extra

If England and France held aloof from the bension, with those measures, and did not provide fraternal embraces of the emissaries of a Slave as amply as could be wished for the fortification of our sea and lake coasts. In previous wars the loyal firm and confident attitude of the Federal

Confederation, it is to be presumed that the Siates have applied themselves by independent and separate activity to the support and aid of the FedGovernment exerted more influence than the eral Government in its arduous responsibilities. The foreign powers cared to confess. same disposition has been manifested in a degree

There was a desire, on

Federal Letters of eminently honorable by all the loyal States during the part of the commercial

Marque Refused. the present insurrection.

class, to cope with Jefferson “ In view of this fact, and relying upon the in. Davis' “ Letters of Marque,” and thus rid the crease and continuance of the same disposition on seas of the pirates preying upon unarmed the part of the loyal States, the President has di- ships. To this end it was asked of the Navy rected me to invite your consideration to the sub

Department that private vessels be specially ject of the improvement and perfection of the de commissioned to cruise after the privateers. fenses of the State over which you preside, and to

In reply to one such solicitation the Secretaask you to submit the subject to the consideration of the Legislature when it shall have assembled. ry said: “It appears to me that there are obSuch proceedings by the State would require only a

jections to, and no authority for, granting temporary use of its means.

letters of marque in the present contest. I “The expenditures ought to be made the subject am not aware that Congress, which has the of conference with the Federal Government. Being exclusive power of granting letters of marque thus made, with the concurrence of the Government, and reprisal, has authorized such letters to

NON-INTERCOURSE

PROCLAIMED.

367

Federal Letters of
Marque Refused.

Good Condition of Government Finances,

be issued against the in- | Already the enlightened
surgents; and were there and patriotic capitalists of

such authorization, I am the great cities of New not prepared to advise its exercise, because York, Philadelphia and Boston have mani. it would, in my view, be a recognition of the fested their clear sense, both of duty and inassumption of the insurgents that they are a terest, by a subscription of $50,000,000. Condistinct and independent nationality. Under gress, under which this subscription was rethe act of August 5, 1861, “supplementary ceived, wisely provided, however, that the to an act entitled an act to protect the com- advantages as well as the patriotic satisfacmerce of the United States and to punish tion of a participation in this loan shall be the crime of piracy,' the President is author-offered not to the capitalists of the great ized to instruct the commanders of “armed cities only, but to the people of the whole vessels sailing under the authority of any country. In order to secure a substantial reletter of marque and reprisal granted by the ward for their public spirit to those whose Congress of the United States, or the com- patriotism prompts them in this hour of trial manders of any other suitable vessels, to sub- to place their means at the disposal of Govlue, seize, take, and, if on the high seas, to ernment, Congress has directed that an intesend into any port of the United States any rest of 7 3-10 per centum be paid on the sevvessel or boat, built, purchased, fitted out or eral amounts subscribed, an interest not liabell,' &c. This allusion to letters of marque ble to State taxation, but constituting for does not authorize such letters to be issued, subscribers a revenue not only certain in renor do I find any other act containing such ceipt, but greater in amount than can be exauthorization. But the same act, in the sec

pected from any ordinary investment.” tion as above quoted, gives the President

The National Fund loan was soon a favorpower to authorize the commanders of any ite investment, and Government had the satsuitable vessels to subdue, seize,' &c. Under isfaction of seeing not only capitalists operatthis clause letters permissive, under proper ing in the fund, but of knowing that men of restrictions and guards against abuse, might moderate circumstances were giving to it be granted. * This would seem to

their surplus means.

Its success was one of be bawful, and perhaps not liable to the ob- the most agreeable signs of the times, and jections of granting letters of marque against

proved, as well the loyalty of the people as our own citizens, and that, too, without law their comparative prosperity in times of war. or authority from the only constituted pow- The entire amount, then called for, was aber that can grant it.” But, we are not aware

sorbed during the months of September and that any private vessels were armed other

October, and the bonds, ere long, advanced than for their own protection. Large numbers of ships mounted a rifled gun or two

to a premium of three and four per centum.

August 16th the Federal each, for their better security, leaving to Gov

Executive proclaimed nonernment the task of ridding the waters of

Passports.

intercourse with the States Davis' cruizers. Financially the Federal

in insurrection, when the system of passports Government fared well.

was inaugurated. General Wool-a discreet

and sagacious officer-was ordered to FortThe experiment of a loan

ress Monroe, where he might exercise a watchfrom the people proved so much of a success

ful supervision over communications with the as to surprise even the most sanguine. It was submitted to the public by the Secretary

South by way of Norfolk and James River. in an appeal Sept. 2d, in the course of which That city soon became a chosen point of he said: "For the means to defray the neces

transfer, through which those ordered from

the South by Davis* might make their way. sary expenses of this war your Congress has directed that an appeal be made to you, by * The Confederate President issued his decree, opening a subscription to a national loan of August 15th, 1861, ordering all persons who did not one hundred and fifty millions of dollars. recognize the Confederacy to leave it, within the

*

Non-Intercourse and

Good Condition of Goviament Finances.

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