John C. Fremont, in charge of this district, proclaimed military emancipation in that State on August 30, 1861. All persons with arms were to be tried by court martial and shot. Their property would be confiscated, and their slaves would thereby be declared free. He appointed a military commission, whose business it was to hear evidence and to issue personal deeds of the manumission of slaves.
When Lincoln was apprised of this proclamation, he forthwith took action. He feared that the provisions of General Fremont's drastic order, providing for the confiscation of property and the emancipation of slaves of traitorous owners, would alarm the Southern friends of the Union, would drive them over to the seceding faction, and perhaps would be instrumental in the loss of the border slave States. Fremont's action was diametrically opposed to Lincoln's policy, in that such emancipation was purely administrative and political, one of civil administration that could not be justified by military necessity. Consequently Lincoln issued an order instructing Fremont to modify his proclamation by striking out the disturbing provisions of the proclamation and substituting therefor the act to confiscate property used for insurrectionary purposes, passed by Congress on August 6, 1861, which authorized the President to cause property used or employed in aid of insurrection to be seized, confiscated, or condemned, providing, however, that such condemnation be made by judicial procedure.[1]
Lincoln, nevertheless, hoped to increase the number of free States through compensated emancipation, which he expected to come through voluntary action on the part of the slave States at the suggestion of the Federal Government. In his next annual message to Congress, however, he made no direct reference to any specific plan of emancipation, but discussed its practical necessities in general terms so as to leave himself in a position to decide later on
- ↑ Nicolay and Hay, Abraham Lincoln, IV, 416-420; V, p. 211.
