Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-07-19
THE HON. j. II. GIDDINGS ON CON-
TRABAND NEGROE "A CHAPTER
ST0I2Y.


or HISTORY.
To tie Editor Of the n. Y. Tribune:
S1R:-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 North
ern States.
l observe that the vexed question Of
Slavery still has to be met, both in the
Cabinet and in the field. 1t has been
met by former Presidents by former
Cabinets, and by former m litary officers.
They have established a train Of pre-
cedents, that may we'll be followed at
this day. | write now for the purpose
Of inviting attention to those princi
pies of International law, which are re-
garded by PubIicists and jurists as
proper guides in the exercise Of that
despotic and almost unlimited authority
called the war power. y synopsis Of
these doctrines was given by Maj. Gen.
Gaines, at New Orleans, in 1888.
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, COM
manding that military district, refused
to deliver them to the Sheriff, and ap-
peared in Court, stating his own de-
tense.
He declared that these people Omen,
women, and children,) aoere captured IN
ecar, and held as ''prisoners Of soar -
That, as a commander Of that military
department or district, he held them
subject to the National Executive; that
he could recognize no other power in
time of war, as authorized to take pris-
oners from his possession.
He asserted that in time Of war, all
slaues aceee beHgerents, 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 what
ever they are able to the support of the
war. Indeed, he we'll supported Gene
raj Buffers declaration, that 'slares are
conhuband Of aear."
The military officer said he can enter
into no judicial examination of the
claim of one man to the bones and mus
Gle of another as property. Nor could
he, as 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 defense Of
Gen. Gaines may be found in House,
Doc. No 225, of the I'd Session Of the
25th Congress. He sent the slaves
West, where they became free.
Louis, the slave Of man named
Pacheco, betrayed Major Dades battal
ion, in 1886, and when he 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 be-
fore Court Martial and hang him; but
would not deliver him to any man. He,
however, sent him West, and the fugi-
tive slave became free man, and is now
fighting the Texans. General Jessup
reported his action to the War Depart
ment, and Mr.. Van Buren, then Presi
dent, 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 recol-
lect 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 Cen
eral Jessup did right in emancipating
the slave instead Of returning him to his
master.
In 1888 General Taylor captured a
number Of negroes said to be fugitive
slaves. Citizens of Florida, learning
what had been done, Immediately