, 1861-09-21
OPINIONS OF JOHN QUINCY ADAMS
The Pow er Of War to AboIish Slavery.

AAV ~tAlAoA "a 1oA4A SAtAEy duH&9H Oh tae |
power Of Congress, CT the President, or mil
tasy con'mander, to abolish slavery In the time
Of war, has been often referred to since the
present rebellion broke out, bat has not been
generally printed in full The following is
from hts speech on the subject in Congrass in
April, 1s42: ...... ....-
"I would leave that institution (slaYeYy) to
the exclusive coEsiGeEatlon and management
Of the States more particularly interested In It,
Just s. long as they can keep 1t within then
people Of the U1ited States, xhcsa peace, vel
fsn and harpinese are al at stake. Il they
call upon others of the Union to sid item on
the subject, and they c1me to the Free States,
snd say 20 them, you must help us to
Keep down onr Slaves, 5ou must .;na S,a
wsr, then ssy that Nth taot call cot,'es q ~!
o,d p7endry t2osotr to this Hos3se and to the ss-
dfc orxT tie teIoZe subject esY 1t IL ~ u Eo8-
| er; and when your country is Actually IN Wal,
| whether It be war OF inTaslop, OF war OF
;ntur1ection, Congress has power to cary On
| the var, Rnd must carry it on according to tts
| La.as Of ;edr and by the lsWB Of war, an inyas
| ds5 county has 81! It's laws SID mur icipal in
sti:utioIs swept by the board, and martial law
/ takts the place Of them. When The lava Of
! laws? 1t Is this: that, when country Is In.
| yaded, and two hostile armies are set IN ar1aT,
| Tie tennsa1dtss Of both armies ha1r poaoer to
tn4oac:rate all The slaves in TIE invaded territory.
| Nor is this mara theoretlc statement The
history Of South Ame rica sho rs that the doc
| hine has been carried Tito practical execution
*ithin the last thirty years. Slavery Was
abolished in Colnmbia. first, By he Spanish
GeA raj Mo,ilio, and, secondly, By ths Ameri-
cell General BoliGar. It Tss abolished By viz
tue o. military command, given At the head
Of the a1my; and its abolition continues to b.
1an to This day. It Was abolished by the lARs
1f war, and not By ncjpat enactments.
might furnish Thousand proofs to show.
that under state Of actual war, whether ser
vile, civil or foreign, the laws Of var do, In all
down as the law Of nations say that mill.
tasy authority takeS, fer the time, the place OF
all municipal Institutions, sZaye1v among khe
ssst; and that, under that state # thirgs, NOT
ONLY THE PRESIDENT OF TIE UNITED STATES
But THE COMMANDER or THE ARMY, HAs POW:
ER TO ORDER TIE UNIVERSAL EMANCIPATION
OF TIE SLAVES"
Nor was this new or hasty position OF Mr.
Adams. In May, 1886, eight years before, hi
ilar a.guments:-
"There are, IN the authority Of Congress
AID Of the Executive, two classes Of po1els
altogether different in their rsture, and ofteI
, Incompatible with each other-the Wur poHe,
ard The place power. The peaca power l:
limited by regulatieDF, sud restricted BY pro
/ | visions, prescribed within the CONSTITUTION
itftlf. The war power is limited only BY :hs
' laws AID usages Of nations. This power il
l Il mendous, and 1t is strictly constitutional
: but it breaks down every barrier SO anxio1sl,
erected fer the protection Of liberty, Of prop
/, e1ty, and OF lite. There are, indeed, power
: OF place conferred upon Congress which ais,
come within the scope and jurisdiction of til,
laws of natlo1s; but the powers Of the war ar
2 all reg ulated by the 1swe Of nations, and ar
;, suhjtct to no other limitation. I do not admi
= that there is, even among the peace powers q
% questsou; but IN .oar there are many eoaps b
sc't:eh Congress not only hare the authority, b.
J Gre BOUND TO INTERFERE WITH TIE NSTITl
q. TON CT SLAVERY IN TIE STATES. suppos
Ccrgress we're ca:ltd upon to raise aTms, an
~ supply monty from the whole Union to SUI
IS p1efs eeryile ipsurrection, woald they has
\ 10 sutEo1ity 10 interfere with the lnsaiiutio
- Ct elayerJ2 The istue Of 6erT.lc war nay b
:e disastrous !; it msy become necessary for th
a msstfr ct tie slave 10 recognize his emancip.
i. BE- pretended that Congress, in such conti1
y gercy, wonld have no anthority to 1nterfel
= with the Institution Of slavery In the States
- Why, it would be equivalent to 6aying tn
n Congress have no eoastisusioaa1 authority
ot nake peace: I suppose more .portento1
d. csEe, cer1sln1y within the bounds Of possibili
ID Il would to God conid ssy not within Il
IN bounds Of probabilis where perhaps an
- diau, 8 civil and eer7ile war combined shs
II make the South the battle field upon whi
n shall be fought the last great conflict betwe
-. SLAVERY and emancipation, do you im7gf
OF that CorgrefB will have no constitutional q
81 tho1ity to interfere with the institution
- elayerys Sir, they must and tciu interfere vi
W it-perhaps to eustsln it By war; perAaps
1st abolish il by treaties Of peace; aud they y
an not cnly possess the constitutional power
~ to interfere, but 1hcy sciu Be bound in duty
lg do il BY the cypress provisions Of the CosasttA
ve ttalf. From the instant that your elaveho
- tpX States become the theatre Of war, ci,
Fe seTyile or fol eign, from that Instant the y
al powers ct Congress extend to iuterfsre1
,shea !, can :. ;.te5 III f,r y, es' sGry
to Indemnity fer slaves taken or destroyed, to
nm cession Of State 61Yahened tukA SLAVERY to q ]
- ei1n potxF,"