The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1861-06-14
Slave Property in War.

views in speech in the House Of Reprcscn-
tatives in lS42, whi,h demand consididera-
tion at the present timc. Tho 'old mau elo-
quent' knew not only tho forco Of language,
but ho was thoroughly familiar with tho law,
and in the speech referred to no spoke as
lawyer. Ho said:
So long as tho slave States arc ablo to sus-
tain their institutions without going abroad
or calling upon other parts Of the Union to
aid them or not on the subject, 50 long I will
consent never to interfere. havo said this,
and I repeat 1t but If they come to the free
States and say to them, you must help us to
keep down our slaves, you must aid us
in an insurrection and civil war, then say
that with that call comes fuH and pienary
poper to this House and to the Senate oper
the whole subject. 1t is war power. Isay
1t isa war power, and when your country
is actually in war, whether 1t be war Of
invasion or q pdr of insurreetion, Congress
has power to carry on the war, and must
carry it on according to the laws Of war
and by the laws Of war an invaded country
has all its laws and municipal institutions
swept by the board, and martial law takes
the place of them.
Thus power in Congress has, perhaps, never
been called into exercise under the present
Constitution of the United States. But
when the laws Of war are in lorce, what, !
ask, is one of these laws? 1t is this: That
when country is invaded, and two hostile
armies are set in martial array, tho COM
mandcrs of both armies have power to eman.
cipate all tho slaves in tho invaded territory.
Nor is thisa mere theoretic statement. The
history Of South America shows that the doc
trino has been carried into practical eIecu-
ton within the last thirty years. Slavery
was abolished. in Columbia, fint by theSpan-
ish General Morillo, and, secondly by the
American General Bolivar. 1t was abolished
by virtue Of military command given at the
head Of the army, and its abolition continues
to be law to this very day. IT WAS ADoL-
IsnED BY TIE LAWS or WAR, dndnot by munie-
ipai enoetments; tho power was exercised by
military commanders, under instructions, OF
course, from their respective Governments.
And here | recur again to tho example OF
Gen. jackson. What arc you now about in
Congrcss7 You arc about to pass grant to
refund to Gen. jackson tho amount OF ccr-
tain fine imposed upon him by Judge under
tho laws of tho State Of Louisiana. You
are going to refund him tho money, with in
terest and this you arc going to do because
the imposition Of the fine was unjust. And
why was 1t unjust' Because General Jack
son was acting under tho laws Of war, and
because the moment you place military
commander in q district which is the theatre
Of war, tho laws Of war apply to that dis
trict.
might furnish thousand proofs to show
that tho prctensions Of gentlemen to the
sanctity Of their municipal institutions, un-
der state Of actual invasion and OF actual
war, whether scrvile, civil or foreign, is
wholly unfounded, and that the laws OF war
do, in all such cases, tako the proccdonce.-
I Inv this down us the law Of nations. SAY
that military authority takes, for the time.
the place Of all municipal institutions, and
slavery among the rcst; and that, under th"
state Of things, 80 far from Its being true
that the States where slavery exists have tho
exclusive management Of the subject not on
~ the President Of The United STATES 'a the
commander of the army HAS rowER TO ORDER
THE UNIVERSAL EMANCIPATION OF rue SLAVES.
I have given hero moro in detail principle
which / have asserted on this floor before
now. and of which havo no moro doubt,
than that you, sir, occupy that chair. l
give !. In It's development, in order that any
gentleman, from any part Of the Union may