, 1861-10-28
THE WAR POWER

that the existence Of war places in the
hands Of the Executive and the military
commanders full and ample authority to |
hew down all obstacles which stand in the |
way Of the Union cause and that the ar
mics being raised and put in motion, the
right must necessarily exist to strike
blows which 4eiO aeoamp9;sh the object |
eought to be attained, rather than those
which Will not accomplish it. We have
shown that the most eminent statesmen Of
cur country, including Thomas Jefferson,
the father Of the Democratic party, and
John Quincy Adams, the most prominent
of the old Wing leaders, so declared IN
their public letters and speeches. We
have shown that it is cardinal principle
in The law Of nations, affirmed BY all
writers and acted upon by all governments
under circumstances like ours, that the
slaves Of an enemy OF friend may be
rightully cmsncipated by a belligerent.
We have cited the example of Gen Jack
Eon who gave liberty to number Of slaves
at New Orleans Congress approving the
act and acknowledging :he rightfulness OF
the principle BY refusing to pay silver to
the owners. It is matter Of history that
the Romans after the battle Of Canine
emancipated large numbers Of slaves and
took them into the army Of the Republic,
without compromising the owners; indeed
it became a custom, frequently adopted in
times Of public danger, to resort to this
expedient.. Mr.. Sumner has cited for Us
the instance Of Marius who once raised an
a1my Of slaves and marched with them
them triumphant1y into Rome, whence he
had been expelled by the power Of the
eristocracy.
It makes little difference to the people
whether this war power ie constitutional
or extra titutis2al-Whether martial
law is in accordance with the constitution
OF above the constitution. The object te
he, attained being tremendous necessity
involving the very existence Of the nation
we care not where the authority is found
But in point Of fact tic 47oacer erists IN tn
constitution Itself The power to declare
war, to raize and support armies, to cal
forth the militia, to suppress insurrection
and repel inrasions, is distinctly written il
the constitution. Wha. is implied in th
power to declare war and to raise and sur
port armies? Assuredly the power to d
anything which WAT may do OF armies ma
6o-the power to kill, burn, destroy, IN
crush the enemy by every means know
to warfare or capable Of being employe
against the e1emy. What is implied b
the power to call forth the mi1iti
for surprising insurrection2 Clearl
the power to apply the utmo:
force Of destructive agencies if neet
ed to put down its insurgents vi
it be held that after the war is declare
the army raised, the militia called out I
the competent authority, the Executive {
the military commander must have
special permit to Kill IN adversary, {
bomba1d q town, or destroy feet, or bio
up hostile fortress, or zi6erate the ssaos
an enemys Unless the constitution itse
is nockery, and the government = thi1
to be tappled over by the first bree:
raised against it, the power to do all the
things is as fully granted as the power
arm soldier or Set squadron in t
field. If the power Is granted to decla
war, the power is equally granted to car
On war as wars are carried on among
nations Of the earth. If the power exl
to put half million Of men and musk
IN motion, the power equally exists
sheet the enemy, to burn his towns,
seize his property On land and sea, and
emancipatehis slaves It is Impossible
conceive Of any different Interpretation
the constitution.
It only remains to be shown that
power to .emancipate the slaves Of
enemy or an insurgent in time Of war, is
clearly granted as the power to take
life, his liberty, or his property. Are tn
any guarantees of slavery in the Consti
Lion half SO distinct and explicit as
guarantee Of personal security? Does
Constitution anywhere say that q II
may be killed, or imprisoned, or. deprr
Of his goods, but that his slaves nustne
be molested? The rebels themselves
not believe this no man believes it. !
war power is in the Constitution. No e
ernment could be sure Of existence
hour without possessing that power.
Constitution Would be worth the pa
rra,f m xhich It Ia written pcithnr,f or