CHAPTER XX.
LINCOLN'S TROUBLES AND TEMPTATIONS.
The Rebels themselves, as has already been noted, by the employment of their Slaves in the construction of earthworks and other fortifications, and even in battle, at Bull Run and elsewhere, against the Union Forces, brought the Thirty-seventh Congress, as well as the Military Commanders, and the President, to an early consideration of the Slavery question. But it was none the less a question to be treated with the utmost delicacy.
The Union men, as well as the Secession-sympathizers, of Kentucky and Tennessee and Missouri and Maryland, largely believed in Slavery, or at least were averse to any interference with it. These, would not see that the right to destroy that unholy Institution could pertain to any authority, or be justified by any exigency; much less that, as held by some authorities, its existence ceased at the moment when its hands, or those of the State in which it had existed, were used to assail the General Government.
They looked with especial suspicion and distrust upon the guarded utterances of the President upon all questions touching the future of the Colored Race.
[At Faneuil Hall, Edward Everett is reported to have said, in October of 1864:
"It is very doubtful whether any act of the Government of the United States was necessary to liberate the Slaves in a State which is in Rebellion. There is much reason for the opinion that, by the simple act of levying War against the United States, the relation of Slavery was terminated; certainly, so far as concerns the duty of the United States to recognize it, or to refrain from interfering with it.
"Not being founded on the Law of Nature, and resting solely on positive Local Law—and that, not of the United States—as soon as it becomes either the motive or pretext of an unjust War against the Union—an efficient instrument in the hands of the Rebels for carrying on the War—source of Military strength to the Rebellion, and of danger to the Government at home and abroad, with the additional certainty that, in any event but its abandonment, it will continue, in all future time to work these mischiefs, who can suppose it is the duty of the United States to continue to recognize it.
"To maintain this would be a contradiction in terms. It would be two recognize a right in a Rebel master to employ his Slave in acts of Rebellion and Treason, and the duty of the Slave to aid and abet his master in the commission of the greatest crime known to the Law. No such absurdity can be admitted; and any citizen of the United States, from thee President down, who should, by any overt act, recognize the duty of a Slave to obey a Rebel master in a hostile operation, would himself be giving aid and comfort to the Enemy.">[
They believed that when Fremont issued the General Order—heretofore given in full—in which that General declared that "The property, real and personal, of all persons, in the State of Missouri, who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their enemies in the field, is declared to be confiscated to the public use, and their Slaves, if any they have, are hereby declared Free men," it must have been with the concurrence, if not at the suggestion, of the President; and, when the President subsequently, September 11,1861, made an open Order directing that this clause of Fremont's General Order, or proclamation, should be "so modified, held, and construed, as to conform to, and not to transcend, the provisions on the same subject contained in the Act of Congress entitled 'An Act to Confiscate Property used for Insurrectionary Purposes,' approved August 6, 1861," they still were not satisfied.
[The sections of the above Act, bearing upon the matter, are the first and fourth, which are in these words:
"That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employee, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated and condemned."
* * * * * * * *
"SEC. 4. That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to Labor or Service under the law of any State shall be required 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 required 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, entrenchment, 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 a full and sufficient answer to such claim that the person whose Service or Labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act."
It seemed as impossible to satisfy these Border-State men as it had been to satisfy the Rebels themselves.