The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1861-11-06
--$l.OO PER ANNunf.

a full and plenary power 10 this House
and to the Senate over the whole sub
jce:. 1t is a war power. say it is o.
war power; and when your country is ac-.
tually in war, whether it be a war Of in
vasion or war of nsurrection, Congress
has power to carry on the war, must car
ry it on according to the laws of war,
and by the laws of war an invaded coun-
try has all It's laws aud municipal insti-
tutions swept by the board, and martial
law takes the place of them. This pow
er in Congress has perhaps never been
called into exercise under the present
Constitution of the United Slater. But
when laws of warfare are in force, what,
| ask. is cne of those lawsf 1t is this:
that when country is invaded and two
hostile armies are set in martial array, the
commanders Of both armies hare power
to emancjprte al TIE sidrcs in the inpad-
ed territory. Nor is this mere theor-
etlc statement The history Of South
America shows that the doctrine has
been carried into execution within the
last thirty years. Slavery was abolished
IN Columbia, FIRST by the Spanish Gener-
al MorlIlo, and secondly by the Ameri,
can General Bolivar. 1t was abolished
by virtue of military command given,
at the head of the army, and its apohtiea
continues to be law to this day. Il
was abolished by the laws of war, and
not by municipal enactments. The pow
er was exercised by military commanders,
under instructions, of course, FROM their
respective govoruments. Congress 10
now about passing grant to refund TO-
Gen. jackson the amount Of certain
fine imposed upon him by 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 90
because the imposition of the fne was
unjust. And why unjust? Because :
General Jackson was acting under the
laws of war, and because the moment
you place military commander in dis.
trict which is the theater of war, the laws
of wsr apply to that district / have .
correspondence between General Jackson
and the Governor of Georgia, during the
Seminole campaign, in which General
jackson asserts the principle that he, as
Governor Of the State within his (Gen.
Jackson's) military division, had no right
TO give military order while he (Gen.
Jachson) was in the field The Cover.
nor contested the power OF General Jack
son, and said all he could for State
rights; but General jackson had given
an order, and that order was carried into
effect, while the order of the Governor
was suppressed. General Jackson had
the right of the question.
81 might furnish a thousand proofs to
show that the pretentions of gentlemen
to the sanctity of their municipal institu.
t:0ns undec a state of actual Invasion and
of actual war, whether servile, civil or
foreign, are wholly unfounded, and that
the laws of war do, in all such cases, take
precedence. lay this down as the law
of nations. | say that the military au-
thority takes, for the time, the place Of
all municipal institutions, siarc,y among
the rest Under that state of things, 80
far from lis being true that the States
where slavery exists have the exclusive
management of the snoject, not only the
President of the United States, but the
commander Of the army has po,cer to
order the aa.rersal emancipation Of TIE
idves
II have given more in detail! g princi.
pie which | have asserted on this foor
before now, and of which ! have DO mors
doubt, than that you, sir, occupy that
chair I give it iu its development, in,
order th: t any geu,lenan, from any part
of the Union, may deny the truth of
this position, if he thinks proper, and
may maintain his denial, not by indiypa.
tion, not by passion and fury, bu. by
sound sober reasoning from the laws Of
war. If my position can be answered
and refuted, | shall! receive the refu,a-
ton with pleasure. | shall be glad to
listen to reason, aside. as { say, from in
dignation and passion. II, by the force
of reasoning. my understanding can De
convinced, here pledge myself to recsas
what | have asserted.
''Let my position be answered let na
be told, let my constituents be told, let
the people Of my State be told. "a State
whose soil tolerates not the foot Of
slave,) that they are hound by the Con-
siitHion to long and toilsome march,
under burning summer suns, anaa dead
ly Southern cline, for the suppression Of
seryile war, That they are Eoand 10
leave their bodies to rot upon the sands
of Carol,ua; to leave their wives, widows.
and their children, orphans that those WHO
cannot march are bound 20 pour ont theiz
treasures, while their sons and brothers arc
pouring out their blood to suppress a serTile