With great respect I am constrained to say I think this feature of the act is unconstitutional. It would not be difficult to modify it.
I may remark that the provision of the Constitution, put in language borrowed from Great Britain, applies only in this country, as I understand, to real or landed estate.
Again, this act in rem forfeits property for the ingredients of treason without a conviction of the supposed criminal, or a personal hearing given him in any proceeding. That we may not touch property lying within our reach, because we cannot give personal notice to an owner who is absent endeavoring to destroy the government, is certainly not satisfactory. Still, the owner may not be thus engaged; and I think a reasonable time should be provided for such parties to appear and have personal hearings. Similar provisions are not uncommon in connection with proceedings in rem.
For the reasons stated, I return the bill to the House in which it originated.
TELEGRAM TO GENERAL G. B. McCLELLAN.
WAR DEPARTMENT, WASHINGTON CITY, D.C., July 21, 1862.
MAJOR-GENERAL McCLELLAN:
This is Monday. I hope to be able to tell you on Thursday what is to be done with Burnside.
A. LINCOLN.
ORDER IN REGARD TO BEHAVIOR OF ALIENS WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE,
WASHINGTON, July 21, 1862.
The following order has been received from the President of the United States:
Representations have been made to the President by the ministers of various foreign powers in amity with the United States that subjects of such powers have during the present insurrection been obliged or required by military authorities to take an oath of general or qualified allegiance to this government. It is the duty of all aliens residing in the United States to submit to and obey the laws and respect the authority of the government. For any proceeding or conduct inconsistent with this obligation and subversive of that authority they may rightfully be subjected to military restraints when this may be necessary. But they cannot be required to take an oath of allegiance to this government, because it conflicts with the duty they owe to their own sovereigns. All such obligations heretofore taken are therefore remitted and annulled. Military commanders will abstain from imposing similar obligations in future, and will in lieu thereof adopt such other restraints of the character indicated as they shall find necessary, convenient, and effectual for the public safety. It is further directed that whenever any order shall be made affecting the personal liberty of an alien reports of the same and of the causes thereof shall be made to the War Department for the consideration of the Department of State.
By order of the Secretary of War: L. THOMAS, Adjutant-General.
ORDER AUTHORIZING EMPLOYMENT OF "CONTRABANDS."
WAR DEPARTMENT, July 22, 1862.
Ordered: 1. That military commanders within the States of Virginia, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, and Arkansas in an orderly manner seize and use any property, real or personal, which may be necessary or convenient for their several commands as supplies or for other military purposes; and that while property may be destroyed for proper military objects, none shall be destroyed in wantonness or malice.
2. That military and naval commanders shall employ as laborers within and from said States so many persons of African descent as can be advantageously used for military or naval purposes, giving them reasonable wages for their labor.
3. That as to both property and persons of African descent accounts shall be kept sufficiently accurate and in detail to show quantities and amounts and from whom both property and such persons shall have come, as a basis upon which compensation can be made in proper cases; and the several departments of this government shall attend to and perform their appropriate parts toward the execution of these orders.
By order of the President: EDWIN M.