New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-06-03
THE WAR POWER OVER SLAVERY.


THE WAR POWER OVER SLAVERY.
We published not long ago an extract FROM o
speech delivered by John Quincy Adams IN Con-
gress in l942, in which that eminent statesman
confidently announced the doctrine that in state
of war, civil or servile, in the Southern States,
Congress has fun and pleDary power over the
whole subject of Slavery martial Law takes the
place of civil laws and municipal institutions,
slavery among the rest, and "OOt only tho
4" President Of tho United States, but the Com
" mander Of the Army, has power to order inc
universal emancipation Of the slnves
Mr. Adams was in 1912, under the ban OF the
Shareholders who were trying to censuro him or eh'
pei him from the House for presenting petition 10
favor of the dissolution of the Union. Lest II may
be thought chat the doctrine announced at this time
was thrown out hastily and Extensively, and for the
purpose of annoying and aggrayating his enemies,
and without due consideration it may be worth
while to show that six years previous, in May,
1896, Mr. Adams held the samo opinions, and All
nounced them as plainly as in lS42. Indeed, 1t rs
quite likely that this earlier announcement oil these
views was tho cause of the secret hostility to the ex-
President which broke out SO rancorously IN lo42'
We have before us a speech by Mr.. Adams, on the
Joint resolution for distributing ratons to the dis
tressed fugves from Indian hostiities in the States
of Alabama and Georgia, delivered in the HOusc of
Representatives, May %, 1896, and published at tho
office of Tie National Intciiigenoer We quote from
il tho following classification of the powers OF Con-
| gress and the Executive.
There are then, Mr. Chsiroan, in the authority OF
Cor aud of The Executive, two cates OF powers
altogether deicn ia their nature, nhd oien inc"in
patible With each oher-the war power and the Teace
restricted by Proysi ns escnbed within ihe Coz s
tuition itself. The power il liuiI.d only by the
laws and usuages Of nations. biz power Id Lremeld-
ons: il is strictly CONSTITUTIONAL but it breaks down
every barrier 30 anxously erected Tor ie proecUn Oh
| liberty, of properly and Of lite. This, Sir, 10 the
power which authorizes yon 10 pass The re,outeu NO"
| before you, aud in my opinion no other.
After an interruption, Mr.. Adams returned 70
this subject and went on to Say;
There are indeed powers OF reaee conferred uron
Congress which also wi hin tho scope AID lris
dici of the laws Of nations, snch as TIE peBOtho
of treaties OF aniy aud commerce. the lhterchangr oil
public nIOisters and c0usuls and al tue personal
and social intercourse between the lndlyiGuh lEba'
Of the United States and foreign hanons, ano 'uo
Inoian tribes, which require tho inter- OF any
| law. Bat The powers Of ar are at regulated ny Tie
laws Of nations and subject 10 other hai!a iOn
II wss upon nis prin'iPle that l voted
against tie resolution reported by Ito 'laveiy comnl-
tee that Congress possess no constitutional authority
70 Interfere "a any ray with the lutuion oil slavery
in ANY Of the States Of tits COufeceracy 20 men
resolution most Of those with whom usually concur,
and even my own colleagues in this House, gave their
assent 1 do not admit hat there a., tptA among ne
peace powers Of Congress, no such oat0''ty tat ."
lQar there many rags by Hhieh Congress h"t 0Hy
| haze the authority, but ARE BOUND TO hIhhthh
| ~ MATHS.
The existing law prohibiting lie importation 81 t' Is
into tie United States from foreign countries l'sei
an interference vita the Institution OF slavery III ue
States. H. was considered by the founders oil the
| Constitution of the United Staie-, in which 1t was
stiputed that Congress should interfere, III thai
way, with the institution, prior to the yrm 1913 -
| "Duling the late with Great Britain, the mill
tary and naval commanders OF that pai io Bued proc
lana.ons inviting the slaves to repair TO heir stan-
ards with promises Of freedom ahd Of tet leent In
some OF tho British colonial estavl shinens. lhl,
surely was an interference with the institution OF Sliv
cry in The StRtes BY tue treaty Of eace, CIR ~ Brit
ian piipulaie 10 evacuate all tue lVrs and Les L. Ile
United States, without carrying away any sl"y.e Ii
the Government of tie Ubi;eu states lad no over 10
interfere u, aMg ray with the institution OF Slavery
in the Staies they would mol have bad ,e authori
10 REQUIRE tns stiI uuton Ii well Known that TIN,
engagement was not fulfilled by the British naval aud
| military commander; tat, on the contrary, hey dld
| cary away all the slaves whom they had induced 10
| ioin Them ana that the British Government inteXiby
refused 10 restoe any OF Them 10 their masters tnat
claim of Indemnify was consequently Instituted ~ be-
Laf Of the owners OF the slaves ana successfully
maintained All that series OF transactions war Iu-
reference by Congress with the institution Of Slavery
in the States in wayin The way OF protection and
| support IL was by the institution OF Slavery alone
that the restitution Of ayes entC by proClamaiObs
into the Bitfh service, could he claimed as pTy
But for the institution Of Slavery, tie Biish
manders uld neither have aured item ~ their stand
ard nor restored them otherwise han Us liberated
prisoners of war. But for tie institution Of Slavery,
there could have been stipulation that ey should
| not be carried away as properly any claim Of in
aemny for the viOlaton Of that engas ement."
If this speech had been made in 1860 instead
| of 1885, Mr.. Adams would not have been COM
PEELED TO rely upon these comparatively trivial
and unmportant 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. Adamss words at q later day,
the vital and animsting spirit OF the Governments
and the Constitution ha, been Interpreted and
administered as if it contained an Injunction upon
all men, 10 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 the institution
Of slavery in the States is ye; FAR extensive Sup
pose the case of servils complicated TO some
extent IL ia even now, with Iudlan war; bupIOs
Congress were called to raise armies ~ supply oney
| from the whole Union 70 suppress seryile insuriec
| tion would they have no authority TO Interfere with
the institution of slavery The issue of serve
man lie disastrous; IL may beCODe necessary for the
master of The slave recognize bis tmac patton by
treaty of peace II for Instant be pretended that
| Congress, in such o contingency, would have
tbority 10 interfere with The restitution OF ,ayery
anv ray 10 the States1 Why, it would be equivalent
49, taxy. hnrfN