New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-01

law tskes the place Of thom. This power in Congress
hse pcrbsps never been called into exercise under The
present Constitution Of she United States. Bot when
'ee Laws OF war in force, what 1 ask, Is one Of
those hwsf IL Is this: that when country lie In
vaded and two hostile srmies arc se. in
tal array, the Commanders OF 10th armies havs
potrer 10 erldncpat agth siaves in tie iapaded t.rr-
tory. Nor ia this mere theoretic statement The
history Of South America shows that the doctrine has
been carried into execution within the last thirtv years,
Slavery abolished in Columbia frs. By the sosp,sl,
General Moiillo and secondly by tho American Gen.
eral Bolivar. 1: was abolished by virtue Of military
command given st the head Of the army and ia sbo-
ton continues 70 be Lave to this day. 1t abo shed
by the laws Of war, and no. by municipal eusctments.
The power was exercised by military commanders, IN.
der Instructions Of course from their respective Gov.
ernments. Congress s now Gbcut passing grant 10
refund TO Gen. jackson the amount Of certain fihs
imposed upon him BY Judge under tie lave OF the
State Of Louisiana. You are going TO refund him The
money with interest; aud this you are going to do
because the imposition Of tho fns was unjust. And
WHY unjustf Because General Jackson was acting
under tie lews Of war, snd because the moment you
place military commander in district which is The
theater Of war the laws of war eppy to thai district
have G correspondence between Gen. Jacksod ana
tie Governor Of Georgia, during the seuinole cam
aigu 10 which Gen. Jackson assere the principle ttas
be- as Governor Of STATE within his Gen. jackson q
ary division, bad right to give military oraer
while be (Gen. jackson was In tbs field. The Gov
contested the power Of Gen. jackson, and said
all be could for State rights; bu; Ger. Jackson bad
given ~ order and that order was carried into effect
while the or Ter Of the Governor suppressed Gen.
Jackson had the right Of the question.
I might furueh Thousand proofs to chow that tho
pretensens Of gentlemen TO the eanctity Of their mu
nicipa institutions, under state Of actual INVASION
and Of actusl war, whether serve, civil, or foretn
are wholly unfounded and that the laws Of war do, in
all such cases. take the precedence. lay this down
as the lsw Of malone. SSy that the military authority
takes for the time the pisce Of all Municipal nstisn.
tons, Siavery dmoTg the rest Under that statc Of
thing, far from tie being tru: that the States where
Slavery exists have the exclusive management Of the
subjec: not only The PresiGent Of The United Stotes
bat he commander Of the army has porosr 10 order tAs
mineral emaaeipGt,os Of the sLavts.
have given more il detail principle which have
asserted on this floor before now and of which have
no moro doubt than that yOu Sir occupy tnat chan.
give il in lie development n order that any gentle
nan, from any part Of the Union, Gay deny the truth
of this position if he thinks proper. aid may maintain
bis denial not BY Indignation, not by passion and fury.
bat by sound ard eober reasoning from tie lave Of
nations and the laws Of war. Ifmy posifion can b
answered and refuted shall receive the refu siion
with pleasure. shall be glad to listen 70 reason,
aside, as say. from indignation and passion IT, BY
tue force Of reasoning my understanding can be con
WINGED, here pledge myself 60 reeaDt what have
asserted.
Let my position be answered; lesme be told LET my
constituents be told let the people Of my State be told
ia State whose soil tolerates not the foot If siave
that they bound by the Constitution 20 long sud
toilsome march, under burning Summer suns and
deadly Southern cline for the suppression Of seville
war. That they bound leave their bodice 20 ros
upon The sands OF Carolina to leave their wives widows,
end their children orphans; thai tbos who cannct
march are bound to pour out their treaSurs while
their Sons and brothers are pouring ont tier bleod -
suppress q servile war, combined with a civil orr
fJIegn war; and yet that there exirts no power loo
You'd the bui,s of the Slave State, where such Ar
raging 10 emaneipste the slaves Let this be pro'od
say. I am open 10 conviction; but ill thai con
vctcn comes put forth, not dictate of feeling,
but ms q settled maxim Of tie laws II nations, thai n
such a case the military power sufeTsedes the civil
power.