ES:

Considering the bill for "An act to suppress insurrection, to punish
treason and rebellion, to seize and confiscate the property of rebels, and
for other purposes," and the joint resolution explanatory of said act as
being substantially one, I have approved and signed both.

Before I was informed of the passage of the resolution I had prepared the
draft of a message stating objections to the bill becoming a law, a copy
of which draft is herewith transmitted.

A. LINCOLN.

FELLOW-CITIZENS OF THE HOUSE OF REPRESENTATIVES:

I herewith return to your honorable body, in which it originated, the bill
for an act entitled "An act to suppress treason and rebellion, to seize
and confiscate the property of rebels, and for other purposes," together
with my objections to its becoming a law.

There is much in the bill to which I perceive no objection. It is wholly
prospective, and touches neither person nor property of any loyal citizen,
in which particulars it is just and proper. The first and second sections
provide for the conviction and punishment of persons Who shall be guilty
of treason and persons who shall "incite, set on foot, assist, or engage
in any rebellion or insurrection against the authority of the United
States or the laws thereof, or shall give aid and comfort thereto, or
shall engage in or give aid and comfort to any such existing rebellion or
insurrection." By fair construction persons within these sections are not
to be punished without regular trials in duly constituted courts,
under the forms and all the substantial provisions of law and of the
Constitution applicable to their several cases. To this I perceive
no objection, especially as such persons would be within the general
pardoning power and also the special provision for pardon and amnesty
contained in this act.

It is also provided that the slaves of persons convicted under these
sections shall be free. I think there is an unfortunate form of expression
rather than a substantial objection in this. It is startling to say that
Congress can free a slave within a State, and yet if it were said the
ownership of the slave had first been transferred to the nation and that
Congress had then liberated him the difficulty would at once vanish. And
this is the real case. The traitor against the General Government forfeits
his slave at least as justly as he does any other property, and he
forfeits both to the government against which be offends.