vidence
against them.
"The object of this declaration is to place in the hands of the
military authorities the power to give instantaneous effect to
existing laws, and to supply such deficiencies as the conditions
of war demand. But it is not intended to suspend the ordinary
tribunals of the country, where the law will be administered by
the civil officers in the usual manner and with their customary
authority, while the same can be peaceably exercised.
"The Commanding General will labor vigilantly for the public
welfare, and, in his efforts for their safety, hopes to obtain
not only the acquiescence, but the active support, of the people
of the country.
"J. C. FREMONT, _Major-Gen. Com_."[85]
This magnificent order thrilled the loyal hearts of the North with
joy; but the President, still halting and hesitating, requested a
modification of the order so far as it related to the liberation of
slaves. This Gen. Fremont declined to do unless ordered to do so by
his superior. Accordingly the President wrote him as follows:
"WASHINGTON, D. C., Sept. 11, 1861.
"Major-Gen. JOHN C. FREMONT:
"_Sir_:--Yours of the 8th, in answer to mine of the 2d inst., is
just received. Assured that you, upon the ground, could better
judge of the necessities of your position than I could at this
distance, on seeing your proclamation of August 30th, I
perceived no general objection to it; the particular clause,
however, in relation to the confiscation of property and the
liberation of slaves, appeared to me to be objectionable in its
non-conformity to the Act of Congress, passed the 6th of last
August, upon the same subjects; and hence I wrote you, expressing
my wish that that clause should be modified accordingly. Your
answer, just received, expresses the preference on your part that
I should make an open order for the modification, which I very
cheerfully do. It is, therefore, ordered that the said clause of
said proclamation be so modified, held, and construed, as to
conform with, 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; and that the said act be published at length wi
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