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 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, and that said Act be published at
length with this Order.
"Your obedient servant,
"A. LINCOLN.
"Major-General JOHN C. FREMONT."
In consequence, however, of the agitation on the subject, the extreme
delicacy with which it was thought advisable in the earliest stages of
the Rebellion to treat it, and the confusion of ideas among Military men
with regard to it, the War Department issued the following General
Instructions on the occasion of the departure of the Port Royal
Expedition, commanded by General T. W. Sherman:
"WAR DEPARTMENT, October 14, 1861.
"SIR: In conducting Military Operations within States declared by the
Proclamation of the President to be in a State of Insurrection, you will
govern yourself, so far as Persons held to Service under the laws of
such States are concerned, by the principles of the letters addressed by
me to Major-General Butler on the 30th of May and the 8th of August,
copies of which are herewith furnished to you.
"As special directions, adapted to special circumstances, cannot be
given, much must be referred to your own discretion as Commanding
General of the Expedition. You will, however, in general avail yourself
of the services of any Persons, whether Fugitives from Labor or not, who
may offer them to the National Government; you will employ such Persons
in such services as they may be fitted for, either as ordinary
employees, or, if special circumstances seem to require it, in any other
capacity with such organization, in squads, companies, or otherwise, as
you deem most beneficial to the service. This, however, not to mean a
general arming of them for Military service.
"You will assure all Loyal masters that Congress will provide just
compensation to them for the loss of the services of the Persons so
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