f slaves
is purely political and not within the range of military law or necessity.
If a commanding general finds a necessity to seize the farm of a private
owner for a pasture, an encampment, or a fortification, he has the right
to do so, and to so hold it as long as the necessity lasts; and this is
within military law, because within military necessity. But to say the
farm shall no longer belong to the owner, or his heirs forever, and this
as well when the farm is not needed for military purposes as when it is,
is purely political, without the savor of military law about it. And the
same is true of slaves. If the general needs them, he can seize them
and use them; but when the need is past, it is not for him to fix their
permanent future condition. That must be settled according to laws made
by law-makers, and not by military proclamations. The proclamation in the
point in question is simply "dictatorship." It assumes that the general
may do anything he pleases confiscate the lands and free the slaves of
loyal people, as well as of disloyal ones. And going the whole figure,
I have no doubt, would be more popular with some thoughtless people than
that which has been done, But I cannot assume this reckless position, nor
allow others to assume it on my responsibility.

You speak of it as being the only means of saving the government. On
the contrary, it is itself the surrender of the government. Can it be
pretended that it is any longer the Government of the United States--any
government of constitution and laws wherein a general or a president may
make permanent rules of property by proclamation? I do not say Congress
might not with propriety pass a law on the point, just such as General
Fremont proclaimed.

I do not say I might not, as a member of Congress, vote for it. What I
object to is, that I, as President, shall expressly or impliedly seize and
exercise the permanent legislative functions of the government.

So much as to principle. Now as to policy. No doubt the thing was popular
in some quarters, and would have been more so if it had been a general
declaration of emancipation. The Kentucky Legislature would not budge till
that proclamation was modified; and General Anderson telegraphed me
that on the news of General Fremont having actually issued deeds of
manumission, a whole company of our volunteers threw down their arms and
disbanded. I was so assured as to think it probable that the very arms
we had furni