The other embarrassment was of a more serious and far-reaching nature.  Conscious that he was losing the esteem and confidence of both civil and military leaders in the West, Fremont’s adventurous fancy caught at the idea of rehabilitating himself before the public by a bold political manoeuver.  Day by day the relation of slavery to the Civil War was becoming a more troublesome question, and exciting impatient and angry discussion.  Without previous consultation with the President or any of his advisers or friends, Fremont, on August 30, wrote and printed, as commander of the Department of the West, a proclamation establishing martial law throughout the State of Missouri, and announcing that: 

“All persons who shall be taken with arms in their hands within these lines shall be tried by court-martial, and if found guilty will be shot.  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 freemen.”

The reason given in the proclamation for this drastic and dictatorial measure was to suppress disorder, maintain the public peace, and protect persons and property of loyal citizens—­all simple police duties.  For issuing his proclamation without consultation with the President, he could offer only the flimsy excuse that it involved two days of time to communicate with Washington, while he well knew that no battle was pending and no invasion in progress.  This reckless misuse of power President Lincoln also corrected with his dispassionate prudence and habitual courtesy.  He immediately wrote to the general: 

“MY DEAR SIR:  Two points in your proclamation of August 30 give me some anxiety: 

“First.  Should you shoot a man, according to the proclamation, the Confederates would very certainly shoot our best men in their hands, in retaliation; and so, man for man, indefinitely.  It is, therefore, my order that you allow no man to be shot under the proclamation, without first having my approbation or consent.

“Second.  I think there is great danger that the closing paragraph, in relation to the confiscation of property and the liberating slaves of traitorous owners, will alarm our Southern Union friends and turn them against us; perhaps ruin our rather fair prospect for Kentucky.  Allow me, therefore, to ask that you will, as of your own motion, modify that paragraph so as to conform to the first and fourth sections of the act of Congress entitled, ’An act to confiscate property used for insurrectionary purposes,’ approved August 6, 1861, and a copy of which act I herewith send you.

“This letter is written in a spirit of caution, and not of censure.  I send it by a special messenger, in order that it may certainly and speedily reach you.”