The Act of Congress, to which President Lincoln referred in his Order modifying Fremont's proclamation, had itself been opposed by them, under the lead of their most influential Representative and spokesman, Mr. Crittenden, of Kentucky, in its passage through that Body. It did not satisfy them.
Neither had they been satisfied, when, within one year and four days after "Slavery opened its batteries of Treason, upon Fort Sumter," that National curse and shame was banished from the Nation's Capital by Congressional enactment.
They were not satisfied even with Mr. Lincoln's conservative suggestions embodied in the Supplemental Act.
Nor were they satisfied with the General Instructions, of October 14, 1861, from the War Department to its Generals, touching the employment of Fugitive Slaves within the Union Lines, and the assurance of just compensation to loyal masters, therein contained, although all avoidable interference with the Institution was therein reprobated.
Nothing satisfied them. It was indeed one of the most curious of the many phenomena of the War of the Rebellion, that when—as at the end of 1861—it had become evident, as Secretary Cameron held, that it "would be National suicide" to leave the Rebels in "peaceful and secure possession of Slave Property, more valuable and efficient to them for War, than forage, cotton, and Military stores," and that the Slaves coming within our lines could not "be held by the Government as Slaves," and should not be held as prisoners of War—still the loyal people of these Border-States, could not bring themselves to save that Union, which they professed to love, by legislation on this tender subject.
On the contrary, they opposed all legislation looking to any interference with such Slave property. Nothing that was proposed by Mr. Lincoln, or any other, on this subject, could satisfy them.
Congress enacted a law, approved March 13, 1862, embracing an additional Article of War, which prohibited all officers "from employing any of the forces under their respective Commands for the purpose of returning Fugitives from Service or Labor who may have escaped from any persons to whom such Service or Labor is claimed to be due," and prescribed that "Any officer who shall be found guilty by Court-Martial of violating this Article shall be dismissed from the Service." In both Houses, the loyal Border-State Representatives spoke and voted against its passage.
One week previously (March 6, 1862), President Lincoln, in an admirable Message, hitherto herein given at length, found himself driven to broach to Congress the subject of Emancipation. He had, in his First Annual Message (December, 1861), declared that "the Union must be preserved; and hence all indispensable means must be employed;" but now, as a part of the War Policy, he proposed to Congress the adoption of a Joint Resolution declaring "That the United States ought to cooperate with any State which may adopt gradual abolishment of Slavery, giving to such State, pecuniary aid, to be used by such State in its discretion, to compensate for the inconveniences, public and private, produced by such change of System."
It was high time, he thought, that the idea of a gradual, compensated Emancipation, should begin to occupy the minds of those interested, "so that," to use his own words, "they may begin to consider whether to accept or reject it," should Congress approve the suggestion.
Congress did approve, and adopt, the Joint-Resolution, as we know—despite the opposition from the loyal element of the Border States—an opposition made in the teeth of their concession that Mr. Lincoln, in recommending its adoption, was "solely moved by a high patriotism and sincere devotion to the glory of his Country."