at "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