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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/17971.txt b/17971.txt new file mode 100644 index 0000000..606cbd7 --- /dev/null +++ b/17971.txt @@ -0,0 +1,1326 @@ +The Project Gutenberg EBook of The Abolition Of Slavery The Right Of The +Government Under The War Power, by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Abolition Of Slavery The Right Of The Government Under The War Power + +Author: Various + +Editor: William Lloyd Garrison + +Release Date: March 12, 2006 [EBook #17971] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK ABOLITION OF SLAVERY *** + + + + +Produced by the University of Michigan as part of the +"Making of America" digital library +(http://www.hti.umich.edu/m/moa/). + + + + + + + +THE ABOLITION OF SLAVERY THE RIGHT OF THE GOVERNMENT UNDER THE WAR POWER + +By William Lloyd Garrison and Others + + + + +EMANCIPATION UNDER THE WAR POWER. + +Extracts from the speech of John Quincy Adams, delivered in the U.S. +House of Representatives, April 14 and 15, 1842, on War with Great +Britain and Mexico:-- + +What I say is involuntary, because the subject has been brought into +the House from another quarter, as the gentleman himself admits. I +would leave that institution to the exclusive consideration and +management of the States more peculiarly interested in it, just as +long as they can keep within their own bounds. So far, I admit that +Congress has no power to meddle with it. As long as they do not step +out of their own bounds, and do not put the question to the people of +the United States, whose peace, welfare and happiness are all at +stake, so long I will agree to leave them to themselves. But when a +member from a free State brings forward certain resolutions, for +which, instead of reasoning to disprove his positions, you vote a +censure upon him, and that without hearing, it is quite another +affair. At the time this was done, I said that, as far as I could +understand the resolutions proposed by the gentleman from Ohio, (Mr. +Giddings,) there were some of them for which I was ready to vote, and +some which I must vote against; and I will now tell this House, my +constituents, and the world of mankind, that the resolution against +which I would have voted was that in which he declares that what are +called the slave States have the exclusive right of consultation on +the subject of slavery. For that resolution I never would vote, +because I believe that it is not just, and does not contain +constitutional doctrine. I believe that, so long as the slave States +are able to sustain their institutions without going abroad or +calling upon other parts of the Union to aid them or act on the +subject, so long I will consent never to interfere. I have said this, +and I repeat it; but if they come to the free States, and say to +them, you must help us to keep down our slaves, you must aid us in an +insurrection and a civil war, then I say that with that call comes a +full and plenary power to this House and to the Senate over the whole +subject. It is a war power. I say it is a war power, and when your +country is actually in war, whether it be a war of invasion or a war +of insurrection, Congress has power to carry on the war, and must +carry it on, according to the laws of war; and by the laws of war, an +invaded country has all its laws and municipal institutions swept by +the board, and martial law takes the place of them. This power in +Congress has, perhaps, never been called into exercise under the +present Constitution of the United States. But when the laws of war +are in force, what, I ask, is one of those laws? It is this: that +when a country is invaded, and two hostile armies are set in martial +array, the commanders of both armies have power to emancipate all the +slaves in the invaded territory. Nor is this a mere theoretic +statement. The history of South America shows that the doctrine has +been carried into practical execution within the last thirty years. +Slavery was abolished in Columbia, first, by the Spanish General +Morillo, and, secondly, by the American General Bolivar. It was +abolished by virtue of a military command given at the head of the +army, and its abolition continues to be law to this day. It was +abolished by the laws of war, and not by municipal enactments; the +power was exercised by military commanders, under instructions, of +course, from their respective Governments. And here I recur again to +the example of Gen. Jackson. What are you now about in Congress? You +are about passing a grant to refund to Gen. Jackson the amount of a +certain fine imposed upon him by a Judge, under the laws of the State +of Louisiana. You are going to refund him the money, with interest; +and this you are going to do because the imposition of the fine was +unjust. And why was it unjust? Because Gen. Jackson was acting under +the laws of war, and because the moment you place a military commander +in a district which is the theatre of war, the laws of war apply to +that district. + + +I might furnish a thousand proofs to show that the pretensions of +gentlemen to the sanctity of their municipal institutions under a +state of actual invasion and of actual war, whether servile, civil +or foreign, is wholly unfounded, and that the laws of war do, in all +such cases, take the precedence. I lay this down as the law of +nations. I say that military authority takes, for the time, the +place of all municipal institutions, and slavery among the rest; and +that, under that state of things, so far from its being true that the +States where slavery exists have the exclusive management of the +subject, not only the President of the United States, but the +Commander of the Army, has power to order the universal emancipation +of the slaves. I have given here more in detail a principle which I +have asserted on this floor before now, and of which I have no more +doubt than that you, sir, occupy that chair. I give it in its +development, in order that any gentleman from any part of the Union +may, if he thinks proper, deny the truth of the position, and may +maintain his denial; not by indignation, not by passion and fury, but +by sound and sober reasoning from the laws of nations and the laws of +war. And if my position can be answered and refuted, I shall receive +the refutation with pleasure; I shall be glad to listen to reason, +aside, as I say, from indignation and passion. And if, by the force +of reasoning, my understanding can be convinced, I here pledge myself +to recant what I have asserted. + +Let my position be answered; let me be told, let my constituents be +told, the people of my State be told--a State whose soil tolerates +not the foot of a slave--that they are bound by the Constitution to +a long and toilsome march under burning summer suns and a deadly +Southern clime for the suppression of a servile war; that they are +bound to leave their bodies to rot upon the sands of Carolina, to +leave their wives widows and their children orphans; that those who +cannot march are bound to pour out their treasures while their sons +or brothers are pouring out their blood to suppress a servile, +combined with a civil or a foreign war, and yet that there exists no +power beyond the limits of the slave State where such war is raging +to emancipate the slaves. I say, let this be proved--I am open to +conviction; but till that conviction comes, I put it forth not as a +dictate of feeling, but as a settled maxim of the laws of nations, +that, in such a case, the military supersedes the civil power; and on +this account I should have been obliged to vote, as I have said, +against one of the resolutions of my excellent friend from Ohio, (Mr. +Giddings,) or should at least have required that it be amended in +conformity with the Constitution of the United States. + + + + +THE WAR POWER OVER SLAVERY. + +We published, not long ago, an extract from a speech delivered by John +Quincy Adams in Congress in 1842, in which that eminent statesman +confidently announced the doctrine, that in a state of war, civil or +servile, in the Southern States, Congress has full and plenary power +over the whole subject of slavery; martial law takes the place of +civil laws and municipal institutions, slavery among the rest, and +"not only the President of the United States, but the Commander of the +Army, has power to order the universal emancipation of the slaves." + +Mr. Adams was, in 1842, under the ban of the slaveholders, who were +trying to censure him or expel him from the House for presenting a +petition in favor of the dissolution of the Union. Lest it may be +thought that the doctrine announced at this time was thrown out +hastily and offensively, and for the purpose of annoying and +aggravating his enemies, and without due consideration, it may be +worth while to show that six years previous, in May, 1836, Mr. Adams +held the same opinions, and announced them as plainly as in 1842. +Indeed, it is quite likely that this earlier announcement of these +views was the cause of the secret hostility to the ex-President, which +broke out so rancorously in 1842. We have before us a speech by Mr. +Adams, on the joint resolution for distributing rations to the +distressed fugitives from Indian hostilities in the States of Alabama +and Georgia, delivered in the House of Representatives, May 25, 1836, +and published at the office of the National Intelligencer. We quote +from it the following classification of the powers of Congress and +the Executive:-- + + +"There are, then, Mr. Chairman, in the authority of Congress and of +the Executive, two classes of powers, altogether different in their +nature, and often incompatible with each other--the war power and +the peace power. The peace power is limited by regulations and +restricted by provisions prescribed within the Constitution itself. +The war power is limited only by the laws and usages of nations. This +power is tremendous: it is strictly constitutional, but it breaks +down every barrier so anxiously erected for the protection of +liberty, of property, and of life. This, sir, is the power which +authorizes you to pass the resolution now before you, and, in my +opinion, no other." + + +After an interruption, Mr. Adams returned to this subject, and went +on to say:-- + + +"There are, indeed, powers of peace conferred upon Congress which +also come within the scope and jurisdiction of the laws of nations, +such as the negotiation of treaties of amity and commerce, the +interchange of public ministers and consuls, and all the personal and +social intercourse between the individual inhabitants of the United +States and foreign nations, and the Indian tribes, which require the +interposition of any law. But the powers of war are all regulated by +the laws of nations, and are subject to no other limitation...It +was upon this principle that I voted against the resolution reported +by the slavery committee, 'that Congress possess no constitutional +authority to interfere, in any way, with the institution of slavery +in any of the States of this Confederacy,' to which resolution most +of those with whom I usually concur, and even my own colleagues in +this House, gave their assent. I do not admit that there is, even +among the peace powers of Congress, no such authority; but in war, +there are many ways by which Congress not only have the authority, +but ARE BOUND TO INTERFERE WITH THE INSTITUTION OF SLAVERY IN THE +STATES. The existing law prohibiting the importation of slaves into +the United States from foreign countries is itself an interference +with the institution of slavery in the States. It was so considered +by the founders of the Constitution of the United States, in which it +was stipulated that Congress should not interfere, in that way, with +the institution, prior to the year 1808. + +"During the late war with Great Britain, the military and naval +commanders of that nation issued proclamations, inviting the slaves +to repair to their standard, with promises of freedom and of +settlement in some of the British colonial establishments. This +surely was an interference with the institution of slavery in the +States. By the treaty of peace, Great Britain stipulated to evacuate +all the forts and places in the United States, without carrying away +any slaves. If the Government of the United States had no power to +interfere, in any way, with the institution of slavery in the States, +they would not have had the authority to require this stipulation. It +is well known that this engagement was not fulfilled by the British +naval and military commanders; that, on the contrary, they did carry +away all the slaves whom they had induced to join them, and that the +British Government inflexibly refused to restore any of them to their +masters; that a claim of indemnity was consequently instituted in +behalf of the owners of the slaves, and was successfully maintained. +All that series of transactions was an interference by Congress with +the institution of slavery in the States in one way--in the way of +protection and support. It was by the institution of slavery alone +that the restitution of slaves, enticed by proclamations into the +British service, could be claimed as property. But for the +institution of slavery, the British commanders could neither have +allured them to their standard, nor restored them otherwise than as +liberated prisoners of war. But for the institution of slavery, there +could have been no stipulation that they should not be carried away +as property, nor any claim of indemnity for the violation of that +engagement." + + +If this speech had been made in 1860 instead of 1836, Mr. Adams +would not have been compelled to rely upon these comparatively +trivial and unimportant instances of interference by Congress and +the President for the support and protection of slavery. For the +last twenty years, the support and protection of that institution has +been, to use Mr. Adams's words at a later day, the vital and +animating spirit of the Government; and the Constitution has been +interpreted and administered as if it contained an injunction upon +all men, in power and out of power, to sustain and perpetuate +slavery. Mr. Adams goes on to state how the war power may be used:-- + + +"But the war power of Congress over the institution of slavery in +the States is yet far more extensive. Suppose the case of a servile +war, complicated, as to some extent it is even now, with an +Indian war; suppose Congress were called to raise armies, to supply +money from the whole Union to suppress a servile insurrection: would +they have no authority to interfere with the institution of slavery? +The issue of a servile war may be disastrous; it may become +necessary for the master of the slave to recognize his emancipation +by a treaty of peace; can it for an instant be pretended that +Congress, in such a contingency, would have no authority to interfere +with the institution of slavery, in any way, in the States? Why, it +would be equivalent to saying that Congress have no constitutional +authority to make peace. I suppose a more portentous case, certainly +within the bounds of possibility--I would to God I could say, not +within the bounds of probability--" + + +Mr. Adams here, at considerable length, portrays the danger then +existing of a war with Mexico, involving England and the European +powers, bringing hostile armies and fleets to our own Southern +territory, and inducing not only a foreign war, but an Indian, a +civil, and a servile war, and making of the Southern States "the +battle-field upon which the last great conflict will be fought +between Slavery and Emancipation." "Do you imagine (he asks) that +your Congress will have no constitutional authority to interfere with +the institution of slavery, in any way, in the States of this +Confederacy? Sir, they must and will interfere with it--perhaps to +sustain it by war, perhaps to abolish it by treaties of peace; and +they will not only possess the constitutional power so to interfere, +but they will be bound in duty to do it, by the express provisions of +the Constitution itself. From the instant that your slaveholding +States become the theatre of a war, civil, servile, or foreign, from +that instant, the war powers of Congress extend to interference with +the institution of slavery, in every way by which it can be +interfered with, from a claim of indemnity for slaves taken or +destroyed, to the cession of States burdened with slavery to a +foreign power."--New York Tribune. + + + +THE WAR IN ITS RELATION TO SLAVERY. + +To THE EDITOR OF THE NEW YORK TRIBUNE: + + + +SIR,--Our country is opening up a new page in the history of +governments. The world has never witnessed such a spontaneous +uprising of any people in support of free institutions as that now +exhibited by the citizens of our Northern States. I observe that the +vexed question of slavery still has to be met, both in the Cabinet +and in the field. It has been met by former Presidents, by former +Cabinets, and by former military officers. They have established a +train of precedents that may be well followed at this day. I write +now for the purpose of inviting attention to those principles of +international law which are regarded by publicists and jurists as +proper guides in the exercise of that despotic and almost unlimited +authority called the "war power." A synopsis of these doctrines was +given by Major General Gaines, at New Orleans, in 1838. + +General Jessup had captured many fugitive slaves and Indians in +Florida, and had ordered them to be sent west of the Mississippi. At +New Orleans, they were claimed by the owners, under legal process; +but Gen. Gaines, commanding that military district, refused to +deliver them to the sheriff, and appeared in court, stating his own +defence. + +He declared that these people (men, women and children) were +captured in wars and held as prisoners of war: that as commander of +that military department or district, he held them subject only to +the order of the National Executive: that he could recognize no other +power in time of war, or by the laws of war, as authorized to take +prisoners from his possession. + +He asserted that, in time of war, all slaves were belligerents as +much as their masters. The slave men, said he, cultivate the earth +and supply provisions. The women cook the food, nurse the wounded and +sick, and contribute to the maintenance of the war, often more than +the same number of males. The slave children equally contribute +whatever they are able to the support of the war. Indeed, he well +supported General Butler's declaration, that slaves are contraband of +war. + +The military officer, said he, can enter into no judicial +examination of the claim of one man to the bone and muscle of +another as property. Nor could he, as a military officer, know what +the laws of Florida were while engaged in maintaining the Federal +Government by force of arms. In such case, he could only be guided by +the laws of war; and whatever may be the laws of any State, they must +yield to the safety of the Federal Government. This defence of +General Gaines may be found in House Document No. 225, of the Second +Session of the 25th Congress. He sent the slaves West, where they +became free. + +Louis, the slave of a man named Pacheco, betrayed Major Dade's +battalion, in 1836, and when he had witnessed their massacre, he +joined the enemy. Two years subsequently, he was captured, Pacheco +claimed him; General Jessup said if he had time, he would try him +before a court-martial and hang him, but would not deliver him to any +man. He however sent him West, and the fugitive slave became a free +man, and is now fighting the Texans. General Jessup reported his +action to the War Department, and Mr. Van Buren, then President, with +his Cabinet, approved it. Pacheco then appealed to Congress, asking +that body to pay him for the loss of his slave; and Mr. Greeley will +recollect that he and myself, and a majority of the House of +Representatives, voted against the bill, which was rejected. All +concurred in the opinion that General Jessup did right in +emancipating the slave, instead of returning him to his master. + +In 1838, General Taylor captured a number of negroes said to be +fugitive slaves. Citizens of Florida, learning what had been done, +immediately gathered around his camp, intending to secure the slaves +who had escaped from them. General Taylor told them that he had no +prisoners but "prisoners of war." The claimants then desired to look +at them, in order to determine whether he was holding their slaves as +prisoners. The veteran warrior replied that no man should examine his +prisoners for such a purpose; and he ordered them to depart. This +action being reported to the War Department, was approved by the +Executive. The slaves, however, were sent West, and set free. + +In 1836, General Jessup wanted guides and men to act as spies. He +therefore engaged several fugitive slaves to act as such, agreeing to +secure the freedom of themselves and families if they served the +Government faithfully. They agreed to do so, fulfilled their +agreement, were sent West, and set free. Mr. Van Buren's +Administration approved the contract, and Mr. Tyler's Administration +approved the manner in which General Jessup fulfilled it by setting +the slaves free. + +In December, 1814, General Jackson impressed a large number of +slaves at and near New Orleans, and kept them at work erecting +defences, behind which his troops won such glory on the 8th of +January, 1815. The masters remonstrated. Jackson disregarded their +remonstrances, and kept the slaves at work until many of them were +killed by the enemy's shots; yet his action was approved by Mr. +Madison and Cabinet, and by Congress, which has ever refused to pay +the masters for their losses. + +But in all these cases, the masters were professedly friends of the +Government; and yet our Presidents and Cabinets and Generals have +not hesitated to emancipate their slaves whenever in time of war it +was supposed to be for the interest of the country to do so. This +was done in the exercise of the "war power" to which Mr. Adams +referred in Congress, and for which he had the most abundant +authority. But I think no records of this nation, nor of any other +nation, will show an instance in which a fugitive slave has been sent +back to a master who was in rebellion against the very Government who +held his slave as captive. + +From these precedents I deduce the following doctrines:-- + +1. That slaves belonging to an enemy are now and have ever been +regarded as belligerents; may be lawfully captured and set free, +sent out of the State, or otherwise disposed of at the will of the +Executive. + +2. That as slaves enable an enemy to continue and carry on the war +now waged against our Government, it becomes the duty of all +officers and loyal citizens to use every proper means to induce the +slaves to leave their masters, and cease lending aid and comfort to +the rebels. + +3. That in all cases it becomes the duty of the Executive, and of all +Executive officers and loyal citizens, to aid, assist and encourage +those slaves who have escaped from rebel masters to continue their +flight and maintain their liberty. + +4. That to send back a fugitive slave to a rebel master would be +lending aid and assistance to the rebellion. That those who arrest +and send back such fugitives identify themselves with the enemies of +our Government, and should be indicted as traitors. + + +J. R. GIDDINGS. + +MONTREAL, June 6, 1861. + + +Accordingly, let old Virginia begin to put her house in order, and +pack up for the removal of her half million of slaves, for fear of +the impending storm. She has invited it, and only a speedy repentance +will save her from being dashed to pieces among the rocks and surging +billows of this dreadful revolution.--New York Herald, April 22. + + + + +RETALIATION. + + +The New York Courier and Enquirer, in an editorial, apparently from +Gen. Webb's own hand, discourses as follows:-- + + +"Most assuredly these madmen are calling down upon themselves a +fearful retribution. We are no Abolitionists, as the columns of the +Courier and Enquirer, for the whole period of its existence, now +thirty-four years, will abundantly demonstrate. And for the whole of +that period, except the first six months of its infancy, it has been +under our exclusive editorial charge. + +"Never, during that long period, has an Abolition sentiment found +its way into our columns; and for the good reason, that we have +respected, honored and revered the Constitution, and recognized our +duty to obey and enforce its mandates. But Rebellion stalks through +the land. A confederacy of slave States has repudiated that +Constitution; and, placing themselves beyond its pale, openly seeks +to destroy it, and ruin all whom it, protects. They no longer profess +any obedience to its requirements; and, of course, cannot claim its +protection. By their own act, our duty to respect their rights, under +that Constitution, ceases with their repudiation of it; and our right +to liberate their slave property is as clear as would be our right to +liberate the slaves of Cuba in a war with Spain. + +"A band of pirates threaten and authorize piracy upon Northern +commerce; and from the moment that threat is carried into execution, +the fetters will fall from the manacled limbs of their slaves, and +they will be encouraged and aided in the establishment of their +freedom. Suppose Cuba were to issue letters of marque against our +commerce, and, according to the Charleston Mercury, seize 'upon the +rich prizes which may be coming from foreign lands,' does any sane +man doubt that we should at once invade that island, and liberate her +slaves? Or does any statesman or jurist question our right so to do? +And why, then, should we hesitate to pursue a similar course in +respect to the so-called Southern Confederacy? + +"Spain, as a well-established nation, and recognized as such by all +the powers of the world, would have the right, according to the laws +of nations, to adopt such a course of proceeding; but she would do +it at her peril, and well weighing the consequences. But the rebel +government of the slave States possesses no such right. The act would +be no more or less than piracy; and we should not only hang at the +yard-arm all persons caught in the practice, but we should be +compelled, in self-defence, to carry the war into Africa, and deal +with the slaves of the Confederacy precisely as we should, under +similar circumstances, deal with those of Cuba. + +"'The richly laden ships of the North,' says the Mobile Advertiser, +'swarm on every sea, and are absolutely unprotected. The harvest is +ripe.' We admit it; but gather it if you dare. Venture upon the +capture of the poorest of those richly laden ships,' and, from that +moment, your slaves become freemen, doing battle in Freedom's cause. +'Hundreds and hundreds of millions of the property of the enemy +invite us to spoil him--to spoil these Egyptians,' says the same +paper. True, but you dare not venture upon the experiment; or, if you +should be so rash as to make the experiment, your fourteen hundred +millions of slave property will cease to exist, and you will find +four millions of liberated slaves in your midst, wreaking upon their +present masters the smothered vengeance of a servile race, who, for +generation after generation, have groaned under the lash of the negro +driver and his inhuman employer. + +"'The risk of the privateer,' says the same organ of the rebel +confederacy, 'will still be trifling; but he will continue to +reap the harvest.' His risk will only be his neck, and his 'harvest' +will be a halter. But the risk, nay, the certainty of the punishment +to be visited upon the slave confederacy, will be far greater--of +infinitely greater magnitude than they can well conceive; because it +will be no more or less than the loss of all their slave property, +accompanied with the necessity of contending, hand to hand, for their +lives, with the servile race so long accustomed to the lash, and the +torture, and the branding and maiming of their inhuman masters; a +nation of robbers, who now, in the face of the civilized world, +repudiate their just debts, rob banks and mints, sell freemen +captured in an unarmed vessel into perpetual slavery, trample upon +law and order, insult our flag, capture our forts and arsenals, and, +finally, invite pirates to prey upon our commerce! + +"Such a nest of pirates may do some mischief, and greatly alarm the +timid. But the men of the North know how to deal with them; and we +tell them, once for all, that, if they dare grant a solitary letter +of marque, and the person or persons acting under it venture to +assail the poorest of our vessels in the peaceful navigation of the +ocean, or the coasts and rivers of our country--from that moment +their doom is sealed, and slavery ceases to exist. We speak the +unanimous sentiment of our people; and to that sentiment all in +authority will be compelled to bow submissively. So let us hear no +more of the idle gasconade of 'the Chivalry' of a nest of robbers, +who seek to enlarge the area of their public and private virtues, +&c." + +This is very plain talk, and cannot easily be misapprehended by +those whom it concerns. + + + + +O. A. BROWNSON ON THE WAR. + + +There is neither reason nor justice in Massachusetts, New York, New +Jersey, Pennsylvania and the great States northwest of the Ohio +pouring out their blood and treasure for the gratification of the +slaveholding pretensions of Maryland, Kentucky or Missouri. The +citizens of these States who own slaves are as much bound, if the +preservation of the Union requires it, to give up their property in +slaves, as we at the farther North are to pour out our blood and +treasure to put down a rebellion which threatens alike them and us. +If they love their few slaves more than they do the Union, let them +go out of the Union. We are stronger to fight the battles of the +Union without them than we are with them. + +But we have referred only to the slaves in the rebellious States, +and if it is, or if it becomes, a military necessity to liberate all +the slaves of the Union, and to treat the whole present slave +population as freemen and citizens, it would be no more than just +and proper that, at the conclusion of the war, the citizens of loyal +States, or the loyal citizens of loyal sections of the rebellious +States, should be indemnified at a reasonable rate for the slaves +that may have been liberated. The States and sections of States named +have not a large number of slaves, and if the Union is preserved, it +would not be a very heavy burden on it to pay their ransom; and to +paying it, no patriot or loyal citizen of the free States would raise +the slightest objection. The objection therefore urged, though grave, +need not be regarded as insuperable; and we think the advantages of +the measure, in a military point of view, would be far greater than +any disadvantage we have to apprehend from it. + +Whether the time for this important measure has come or not, it is +for the President, as Commander-in-Chief of our armies, to +determine. But, in our judgment, no single measure could be adopted +by the government that would more effectually aid its military +operations, do more to weaken the rebel forces, and to strengthen our +own. + +It seems to us, then, highly important, in every possible view of +the case, that the Federal Government should avail itself of the +opportunity given it by the Southern rebellion to perform this act +of justice to the negro race; to assimilate the labor system of the +South to that of the North; to remove a great moral and political +wrong; and to wipe out the foul stain of slavery, which has hitherto +sullied the otherwise bright escutcheon of our Republic. We are no +fanatics on the subject of slavery, as is well known to our readers, +and we make no extraordinary pretensions to modern philanthropy; but +we cannot help fearing that, if the government lets slip the present +opportunity of doing justice to the negro race, and of placing our +republic throughout in harmony with modern civilization, God, who is +especially the God of the poor and the oppressed, will never give +victory to our arms, or suffer us to succeed in our efforts to +suppress rebellion and restore peace and integrity in the Union. + + + + +THE NEW YORK HERALD ON THE WAR. + + +With the secession of Virginia, there is going to be enacted on +the banks of the Potomac one of the most terrible conflicts the world +has ever witnessed; and Virginia, with all her social systems, will +be doomed, and swept away.--New York Herald, April 19. + + +We must also admonish the people of Maryland that we of the North +have the common right of way through their State to our National +Capital. But let her join the revolutionists, and her substance will +be devoured by our Northern legions as by an Arabian cloud of +locusts, and her slave population will disappear in a single +campaign. + +A Northern invasion of Virginia and of Kentucky, if necessary, +carrying along with it the Canadian line of African freedom, as it +must do from the very nature of civil war, will produce a powerful +Union reaction. The slave population of the border States will be +moved in two directions. One branch of it, without the masters, will +be moved Northward, and the other branch, with the masters, will be +moved Southward, so that, by the time the Northern army will have +penetrated to the centre of the border slave States, they will be +relieved of the substance and abstract rights of slave property for +all time to come. + +Finally, the revolted States having appealed to the sword of +revolution to redress their wrongs, may soon have to choose between +submission to the Union or the bloody extinction of slavery, from +the absence of any law, any wish, any power for its protection.-- +Ibid, April 20. + + +By land and water, if she places herself in the attitude of +rebellion, Maryland may be overrun and subdued in a single week, +including the extinction of slavery within her own borders; for war +makes its own laws. + +We are less concerned about Washington than about Maryland. Loyal to +the Union, she is perfectly safe, negroes and all; disloyal to the +Union, she may be crushed, including her institution of slavery. Let +her stand by the Union, and the Union will protect and respect her-- +slavery and all.--Ibid, April 21. + + +Virginia, next to Maryland, will be subjected to this test. She has +seceded, and hence she will probably risk the breaking of every bone +in her body. If so, we fear that every bone in her body will be +broken, including her backbone of slavery. The day is not far off +when the Union men of the revolted States will be asked to come to +the relief of their misguided brethren, for, otherwise, the war which +they have chosen to secure their institution of slavery may result in +wiping it out of existence.--Ibid, April 23. + + +In advance of this movement, President Lincoln should issue his +proclamation, guaranteeing the complete protection of all loyal +Union men and their property, but warning the enemies of the +Government of the dangers of confiscation, negroes included. + +If Virginia resists, the contest cannot last very long, +considering her large slave population, which will either become +fugitives or take up arms against their masters.--Ibid, April 24. + + +That we are to have a fight, that Virginia and Maryland will form the +battle-ground, that the Northern roughs will sweep those States with +fire and sword, is beyond peradventure. They have already been +excited to the boiling point by the rich prospect of plunder held out +by some of their leaders, and will not be satisfied unless they have +a farm and a nigger each. There is no sort of exaggeration about +these statements, as the people of the border States will shortly +ascertain to their cost. The character of the coming campaign will +be vindictive, fierce, bloody, and merciless beyond parallel in +ancient or modern history.--Ibid, April 28. + + +The class of population which is recruiting in our large cities, the +regiments forming for service in behalf of the Union, can never be +permanently worsted. They will pour down upon the villages and +cities of Virginia and Maryland, and leave a desolate track behind +them, and inspire terror in whatever vicinity they approach.--Ibid, +April 29. + +It will be idle for Tennessee and Kentucky to attempt to escape from +the issue, and to remain at peace, while the remainder of the +country is at war. Neutrality will be considered opposition, and the +result of a general frontier war will be, that slavery, as a domestic +institution of the United States; will be utterly annihilated.--Ibid, +April 30. + + +The rebellion must be put down by some means or another, else it will +put us down; and if nothing else will do, even to proclaim the +abolition of slavery would be legitimate. All is fair in war...Gen. +Fremont and the other Generals must act according to circumstances, +and their own judgment, unless when otherwise ordered...If he is +acting on his own responsibility, he is only carrying out the +Confiscation Act, so far as the slaves are concerned...We have no +fear of the result.--N. Y. Herald, Sept. 3. + + + + +BUT ONE WAY OUT. + + +To our apprehension, God is fast closing every avenue to settled +peace but by emancipation. And one of the most encouraging facts is +that the eyes of the nation are becoming turned in that direction +quite as rapidly as could have been anticipated. Some men of +conservative antecedents, like Dickinson of New York, saw this +necessity from the first. But it takes time to accustom a whole +people to the thought, and to make them see the necessity. It was +impossible for Northern men to fathom the spirit and the desperate +exigencies of the slave system and its outbreak, and consequently to +comprehend the desperate nature of the struggle. We were like a +policeman endeavoring to arrest a boy-ruffian, and, for the sake of +his friends and for old acquaintance sake, doing it with all possible +tenderness for his person and his feelings--till all of a sudden he +feels the grip on his throat and the dagger's point at his breast, +and knows that it is a life-and-death grapple. + +Slaveholding is simply piracy continued. Our people are beginning to +spell out that short and easy lesson in the light of perjury, +robbery, assassination, poisoning, and all the more than Algerine +atrocities of this rebellion. It cannot require many more months of +schooling like the last eight, to convince the dullest of us what are +its essence and spirit. + +Our people also are rapidly finding out that no peaceful termination +of this war will be permitted now by the Slave Power, except by its +thorough overthrow. The robber has thrown off the mask, and says now +to the nation, "Your life or mine!" Even the compromising Everett +has boldly told the South, "To be let alone is not all you ask--but +you demand a great deal more." And in his late oration, he has most +powerfully portrayed the impossibility of a peaceful disunion. Many +men, some anti-slavery, were at first inclined to yield to the idea +of a separation. But every day's experience is scattering that notion +to the winds. The ferocious spirit exhibited from the first by the +Secessionists towards all dissentients, the invasion of Western +Virginia by Eastern, the threats to put down loyal Kentucky, the +foray in Missouri, the plan for capturing Washington, which was part +of the original scheme, are convincing proofs, that if by any +pacification whatever our troops were disbanded to-day, to-morrow a +Southern army would be on the march for Washington, Philadelphia, New +York, and perhaps Chicago. + +The South has sufficiently declared the cause of this trouble to be +the irreconcilable conflict between their institutions and the +fundamental principles of this government. While the cause remains +in full strength, and after it has once burst forth in bloody and +final collision, nothing will ever check that strife, whether in or +out of the Union. The cause must be eradicated. Meanwhile, our own +position, both before the world and in our own struggle at home, is a +false one, so long as we blink the real issue. + +Many indications are hopeful. Gen. Butler's letter to the Secretary +of War, and the Secretary's reply, look in the right direction. The +Confiscation Act is pregnant with great consequences, and may yet be +so used as to become an emancipation act in all the rebel States. It +is high time it were so used. We have serious doubts whether the +rebellion will ever be suppressed till that trenchant weapon is +wielded. We reverently doubt whether the Lord means it shall be. The +quiet passage of the Confiscation Act was an immense step of +governmental progress. Perhaps it was all that the nation as a whole +and the government were ready for. It may answer as a keen wedge. But +we trust that, in December, Congress will make clean work by the full +emancipation of all slaves in the rebel States, and by provision in +some way for the speedy and certain extinction of slavery in the +loyal States. To accomplish the latter event, we would ourselves +willingly submit to any proper amount of pecuniary burden, provided +it could be so arranged as not to recognize a right of property in +man.--Chicago Congregational Herald. + + + + +PROCLAMATION OF GEN. FREMONT. + + +HEADQUARTERS, WESTERN DIVISION, +St. Louis, Aug. 30, 1861. + + +Circumstances; in my judgment, are of sufficient urgency to render +it necessary that the Commanding General of this Department +should assume administrative powers of the State. Its disorganized +condition, helplessness of civil authority, and the total insecurity +of life and devastation of property by bands of murderers and +marauders, who infest nearly every county in the State, and avail +themselves of public misfortunes and the vicinity of a hostile force +to gratify private and neighborhood vengeance, and who find an enemy +wherever they find plunder, finally demand the severest measures to +repress the daily increasing crimes and outrages which are driving +off the inhabitants and ruining the State. In this condition, the +public safety and the success of our arms require unity of purpose, +without let or hindrance, to the prompt administration of affairs. In +order, therefore, to suppress disorder, maintain the public peace, +and give security to the persons and property of loyal citizens, I do +hereby extend and declare martial law throughout the State of +Missouri. + +The lines of the army occupation in this State are, for the present, +declared to extend from Leavenworth by way of posts to Jefferson +City, Rolla and Ironton, to Cape Girardeau, on the Mississippi river. +All persons who shall be taken with arms in their hands, within these +lines, shall be tried by court martial, and, if found guilty, shall +be shot. + +Real and personal property, owned by persons who shall take up arms +against the United States, or who shall be directly proven to have +taken an active part with the enemy in the field, is declared +confiscated to public use, and their slaves, if any they have, are +hereby declared free men. All persons who shall be proven to, have +destroyed, after the publication of this order, railroad tracks, +bridges or telegraph lines, shall suffer the extreme penalty of the +law. All persons engaged in treasonable correspondence, in giving or +procuring aid to the enemy, in fomenting turmoils and disturbing +public tranquility by creating or circulating false reports or +incendiary documents, are warned that they are exposing themselves. +All persons who have been led away from allegiance are requested to +return to their homes forthwith. Any such absence, without sufficient +cause, will be held to be presumptive evidence against them. + +The object of this declaration is to place in the hands of the +military authorities power to give instantaneous effect to the +existing laws, and to supply such deficiencies as the conditions of +the war demand; but it is not intended to suspend the ordinary +tribunals of the country where law will be administered by civil +officers in the usual manner, and with their customary authority, +while the same can be peaceably administered. + +The Commanding General will labor vigilantly for the public welfare, +and, by his efforts for their safety, hopes to obtain not only +acquiescence, but the active support of the people of the country. + +(Signed,) + +J. C. FREMONT, +Major General Commanding. + + + + +SLAVERY HAS DONE IT. + +Let us not for one moment lose sight of this fact. We go into this +war not merely to sustain the government and defend the +Constitution. There is a moral principle involved. How came that +government in danger? What has brought this wicked war, with all its +evils and horrors, upon us? Whence comes the necessity for this +uprising of the people? To these questions, there can be but one +answer. SLAVERY HAS DONE IT. That accursed system, which has already +cost us so much, has at length culminated in this present ruin and +confusion. That system must be put down. The danger must never be +suffered to occur again. The evil must be eradicated, cost what it +may. We are for no half-way measures. So long as the slave system +kept itself within the limits of the Constitution, we were bound to +let it alone, and to respect its legal rights; but when, overleaping +those limits, it bids defiance to all law, and lays its vile hands on +the sacred altar of liberty and the sacred flag of the country, and +would overturn the Constitution itself, thenceforth slavery has no +constitutional rights. It is by its own act an outlaw. It can never +come back again into the temple, and claim a place by right among the +worshippers of truth and liberty. It has ostracised itself, and that +for ever. + +Let us not be told, then, that the matter of slavery does not enter +into the present controversy--that it is merely a war to uphold the +government and put down secession. It is not so. So far from this, +slavery is the very heart and head of this whole struggle. The +conflict is between freedom on the one hand, maintaining its rights, +and slavery on the other, usurping and demanding that to which it has +no right. It is a war of principle as well as of self-preservation; +and that is but a miserable and short-sighted policy which looks +merely at the danger and overlooks the cause; which seeks merely to +put out the fire, and lets the incendiary go at large, to repeat the +experiment at his leisure. We must do both--put out the fire, and put +out the incendiary too. We meet the danger effectually only by +eradicating the disease.--Erie True American. + + + + +THE SLAVES AS A MILITARY ELEMENT. + + +The total white population of the eleven States now comprising the +confederacy is six million, and, therefore, to fill up the ranks of +the proposed army (600,000) about ten percent of the entire white +population will be required. In any other country than our own, such +a draft could not be met, but the Southern States can furnish that +number of men, and still not leave the material interests of the +country in a suffering condition. Those who are incapacitated for +bearing arms can oversee the plantations, and the negroes can go on +undisturbed in their usual labors. In the North, the case is +different; the men who join the army of subjugation are the laborers, +the producers, and the factory operatives. Nearly every man from that +section, especially those from the rural districts, leaves some +branch of industry to suffer during his absence. The institution of +slavery in the South alone enables her to place in the field a force +much larger in proportion to her white population than the North, or +indeed any country which is dependent entirely on free labor. The +institution is a tower of strength to the South, particularly at the +present crisis, and our enemies will be likely to find that the +"moral cancer," about which their orators are so fond of prating, is +really one of the most effective weapons employed against the Union +by the South. Whatever number of men may be needed for this war, we +are confident our people stand ready to furnish. We are all enlisted +for the war, and there must be no holding back until the independence +of the South is fully acknowledged.--Montgomery (Ala.) Adv. + + + + +A NOVEL SIGHT. + + +A procession of several hundred stout negro men, members of the +"domestic institution," marched through our streets yesterday in +military order, under the command of Confederate officers. They were +well armed and equipped with shovels, axes, blankets, &c. A merrier +set never were seen. They were brimful of patriotism, shouting for +Jeff. Davis and singing war songs, and each looked as if he only +wanted the privilege of shooting an Abolitionist. + +An Abolitionist could not have looked upon this body of colored +recruits for the Southern army without strongly suspecting that his +intense sympathy for the "poor slave" was not appreciated, that it +was wasted on an ungrateful subject. + +The arms of these colored warriors were rather mysterious. Could it +be that those gleaming axes were intended to drive into the thick +skulls of the Abolitionists the truth, to which they are wilfully +blind, that their interference in behalf of Southern slaves is +neither appreciated nor desired; or that those shovels were intended +to dig trenches for the interment of their carcasses? It may be that +the shovels are to be used in digging ditches, throwing up +breastworks, or the construction of masked batteries, those +abominations to every abolition Paul Pry who is so unlucky as to +stumble upon them.--Memphis Avalanche, Sept. 3. + + + + + +End of the Project Gutenberg EBook of The Abolition Of Slavery The Right Of +The Government Under The War Power, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK ABOLITION OF SLAVERY *** + +***** This file should be named 17971.txt or 17971.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/9/7/17971/ + +Produced by the University of Michigan as part of the +"Making of America" digital library +(http://www.hti.umich.edu/m/moa/). + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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