Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-10-02

Rome.
The most fatal day for ancient Greece was
| the defeat at Cheron9a when Ehlllp OF MACE
| don triumphed over forces IN winch Demos
themes was enlisted as Il soldier Athehs was
thrown into CONSERVATION, Her great orator
had iguobly fled. Auother orator, seconu only
to him, Isocrates. died suddenly on hearing
the report OF the battle. The book OF 'ate
seemed about to close, while the Athehlah re-
public sunk 20 e Il NJ cedonlan province
Then it was that another orator IN Tie assent
| bly, of the people suddenly launched propo-
| slllon to emancpate the slaves. Inc eHect
was electric The royal Philip, already strong
in his victory trembled. King and conqueror,
he was also statesman, and he saw well that
such a proposition begun i'll Athens "oulu
shake all Greece even 10 his powerful thfohe'
which the young Alexander was then prepar
ing to mount His triumphant course was at
once arrested, and peace secured
The other instance is in Roman history.
You will find it in Puarchs Life of Caus
Marius. This experienced general VINO IN the
| civil conflicts OF the time had been driven
from Rome, and found shelter III the RUNS OF
Carthage, was able at last to effect landing
in Italy. Thus is the incident recorded;
"Marius upon this news determined to has
ten. He took with him some Marusla horse,
which he had levied in Africa, and lew OH
|
not amounting to above thousand men, and
with this handful began his voyage. He al
rived at port of Tuscany called lebanon,
and as soon as he ,cdS idaded proclaimed d6e'fy
to the Siaces The name Of Marius brought
down numbers the abest Of which he enlisted
and In short time had great army on loot,
with which he filled forty ships.
Thus far Plutarch. 1t is needless to add
that Marius found himself soon master OF
Rome
These are historic instances. l do not al
duce them that you should Dilnuly ioliow
them but simply that YOU should see how III
times past defeat has been stayed aud victory
won by a generous word Tor freedom. Men
die and disappear; but the human family con
: tlnues the same in passions and fears as when
| Philip was frightened back FROM Athens, ara
when Marlus was borne in triumph TO Rome
10 these historic instances let me add an
| admitted principle of the ancient Roman law
According to that law, the state OF slavery
might be terminated in three different man
ners first, by manumssion; secondly, by
way of reward to the slave; and thirdly, 6y
oOay of punishment to the master. II the master
had failed to be a good citizen, he was punish
ed so that at the same time he should suffer
in property, and others should gain what Is
more than property-treedom. But | do not
cite even this principle OF a time hanored Ju-
rlsprudence for your government. Will not
doubt that, in the unparalleled circumstances
by which we are now encOmpassed, justice
will be done.
Already the way is easy. A simple declara
ton, that all men coming within the lines Of
the United States troops shall be regarded as
freemen will be in strict conformity 10 the con
stitution, and also with precedents. The con-
| stltution knows no man as slave. 1t treats
/ Re Istli p;i
exceptional provision for the rendition OF per-
sons held TO service or labor, you will observe,
is carefully confined to such as have escaped
into another state. 1t is clear, therefore, that
there can be no sanction under the constitution
tor turning camp into a slave pen, or for
turning military officers into slave hunters.
Let this plain construction be adopted, and
then, as our lines advance, freedom will be eS-
tablished, and our national flag in its march
will wave with new glory.
A brave General, whom Massachusetts has
given to the country-though commencing his
career with prejudces derived from the pro-
slavery school of poticans-has known how
to see this question in its true light. l mean,
of course, General Butler. He has declared
III his letter TO the secretary OF war, dated
Fortress Monroe. Both July, 1861, with refer
ence to fugitive slaves, that ii is his duty sta
take the same care Of these men, women and
children, houSeless, homeless and unprovlded
for, as he would OF the same number OF men,
women aud children, who for their attachment
to the Union had been driven or allowed to
flee from the confederate states" These
words are better.-fer his reputation than a
! victory.
Another general, born in Kentucky and
living and dying in the south--Aajo or General
Gaines OF the army Of the United States
laid down tie same rule as long agoas 1888. 1t
| will be found in the documents Of congress.
| "Ihe military officer" said he, "can enter
| into 10 judicial examination of the claim of
! one man to the bone and muscle of another as
property Nor could he, as a military officer,
| know what the laws Of Florida were while en-
| gagged in maintaining the federal government
| by force Of arms In such case, lie could
only be guided by the laws of war ; and what.
soeVer may be the laws of any state, they
must yield to the safety of the federal govern.
| ment."
This proposition, though of seeming sim
! pliclty, would be of incalculabe efficacy, if
honestly and sincerely enforced. Then would
our camps become nurseries Of treemen, and
| every common soldier would be a cham
breaker.
But there is another agency, that may be
invoked, which is at the same time under the
! constitution, and above the constitution; l
| mean martial law. 1t is under the constitution
| because it is nstnctly recognized by the SUI
| prene court among the functions of our gov
| eminent 1t is above the constitution because,
| when set i'll motion, like necessity, it knows
! no other law. For the time il is law and con-
| sttntlon All other agencies small and great,
| eNec-tVe, legislative, and even judicial, are
| absorbed III This transcendant triuue power,
! winch for the time declares its absolute will,
| Wlllie 1t holds alike the scales of Justice and
| the sword OF the eXecutioner. The existence
| OF this power nobody questions. Ii it has been
rarely exercised In our country, aud never on
an extended scale, the power none the less has
| hXed place in our political system. AS well
| strike out the kindred law of self defence,
which belongs alike TO states and individuals.
| Martial law Is only one form of self deten ;e.
lllal this law might be employed against
| slavery was first proclaimed in tue house of
| representatives by Massachusetts statesman,
VINO was champion OF freedom, John Quincy
| Adams. His authority is such that ccntent
| myself with placing the law under his name,
which becomes more authoritative when we
| consider the circumstances under which the
doctrine was put forth, repeated and then again
indicated.
Ii was as early as the 25th of May, 1886,
tnat MI Adams first eXpounded what he called
Ihe war power aud treaty making power of
sle constitution" Then it was that he de-
cared =
Prom the instant that your slayeholding states
become the theater of war; civil serve, foreign,
from that instant the powers of congress
ehd To interference with the institution Of slavery
IN every way III which it can be intertered with,
from claim OF indemnity for slaves taken or de-
siroyed, to the cessOn of the state burdened with
slavery TO foreign power"