the writings-6-第16章
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is doing valuable service to the government。 For the patriotic act
of making this magnificent and valuable present to the country I
recommend that some suitable acknowledgment be made。
ABRAHAM LINCOLN。
MESSAGE TO CONGRESS。
July 17; 1862。
FELLOW…CITIZENS OF THE SENATE AND HOUSE OF
REPRESENTATIVES:
Considering the bill for 〃An act to suppress insurrection; to punish
treason and rebellion; to seize and confiscate the property of
rebels; and for other purposes;〃 and the joint resolution explanatory
of said act as being substantially one; I have approved and signed
both。
Before I was informed of the passage of the resolution I had prepared
the draft of a message stating objections to the bill becoming a law;
a copy of which draft is herewith transmitted。
ABRAHAM LINCOLN。
FELLOW…CITIZENS OF THE HOUSE OF REPRESENTATIVES:
I herewith return to your honorable body; in which it originated; the
bill for an act entitled 〃An act to suppress treason and rebellion;
to seize and confiscate the property of rebels; and for other
purposes;〃 together with my objections to its becoming a law。
There is much in the bill to which I perceive no objection。 It is
wholly prospective; and touches neither person nor property of any
loyal citizen; in which particulars it is just and proper。 The first
and second sections provide for the conviction and punishment of
persons Who shall be guilty of treason and persons who shall 〃incite;
set on foot; assist; or engage in any rebellion or insurrection
against the authority of the United States or the laws thereof; or
shall give aid and comfort thereto; or shall engage in or give aid
and comfort to any such existing rebellion or insurrection。〃 By fair
construction persons within these sections are not to be punished
without regular trials in duly constituted courts; under the forms
and all the substantial provisions of law and of the Constitution
applicable to their several cases。 To this I perceive no objection;
especially as such persons would be within the general pardoning
power and also the special provision for pardon and amnesty contained
in this act。
It is also provided that the slaves of persons convicted under these
sections shall be free。 I think there is an unfortunate form of
expression rather than a substantial objection in this。 It is
startling to say that Congress can free a slave within a State; and
yet if it were said the ownership of the slave had first been
transferred to the nation and that Congress had then liberated him
the difficulty would at once vanish。 And this is the real case。 The
traitor against the General Government forfeits his slave at least as
justly as he does any other property; and he forfeits both to the
government against which be offends。 The government; so far as there
can be ownership; thus owns the forfeited slaves; and the question
for Congress in regard to them is; 〃Shall they be made free or be
sold to new masters?〃 I perceive no objection to Congress deciding in
advance that they shall be free。 To the high honor of Kentucky; as
I am informed; she is the owner of some slaves by escheat; and has
sold none; but liberated all。 I hope the same is true of some other
States。 Indeed; I do not believe it will be physically possible for
the General Government to return persons so circumstanced to actual
slavery。 I believe there would be physical resistance to it which
could neither be turned aside by argument nor driven away by force。
In this view I have no objection to this feature of the bill。
Another matter involved in these two sections; and running through
other parts of the act; will be noticed hereafter。
I perceive no objection to the third or fourth sections。
So far as I wish to notice the fifth and sixth sections; they may be
considered together。 That the enforcement of these sections would do
no injustice to the persons embraced within them; is clear。 That
those who make a causeless war should be compelled to pay the cost of
it; is too obviously just to be called in question。 To give
governmental protection to the property of persons who have abandoned
it; and gone on a crusade to overthrow the same government; is
absurd; if considered in the mere light of justice。 The severest
justice may not always be the best policy。 The principle of seizing
and appropriating the property of the persons embraced within these
sections is certainly not very objectionable; but a justly
discriminating application of it would be very difficult and; to a
great extent; impossible。 And would it not be wise to place a power
of remission somewhere; so that these persons may know they have
something to lose by persisting and something to gain by desisting?
'A man without hope is a most dangerous manhe has nothing to lose!'
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; whenin 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 nowI 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