Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1861-06-08
WHOLE NUMBER 590.

] said that as far as could understand
the resolutions proposed BY the gentlemau
from Ohio, Mr.. Giddingss) there were
some Of them which was ready to vote.
and some which / must vote against !; and
| will now tell this House, my constituents
and the world of mankind, that the resolu-
tion against which ] would have voted was
that in which he declares that what arc
called slave states have the exclusive righv
OF consultation IN the subject Of slavery
For hat resolution never would vote
because believe that it is not inst aud
does not contain constitutional doctrine, 4
believe so long rs the slave states are able,
to sustain their institution without going
abroad, or call upon other parts Of tho,
Union to aid them or to act on the subject,
so long will consent never to Interfere.
But if they come to the Free States and
say to them you must helpus to keep down
our slaves, you must aid as in an insurrec.
tion and and civil war, then, / say, that
with the call comes a full and pleusry pow
| er 10 this House and TO the Senate over tho
! whole subject. 1t is war power. I say
| it is q war power aud when your country
is usually in war, whether it be war of
invasion or "a war Of insurrecton, Con.
gress has power to carry on the war, aud
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 insti-
tutions swept by the board, and martiailaw
takes the place of them.
This 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 force, what, L
ask, is one of those laws 1t is this, that
when country is Invaded, and two hostile
armies are set in Martial array, the con-
maHders of both armies haze pOtaer to emaa.
cipate all tie Siares in The invaded territory.
Nor is this a mere theoretic statement. The
history of South America shows that the
doctrine has been carried into practical exc.
cution within the last thirty years Slavery
was abolished in Colombis, FIRST by tho
Spanish General Morillo aud secondly by
the American General Bolivar 1t was
abolished by virtue Of military command
given at the head of the army, and its abo-
lition continues to be law unto this day.
1t was abolished by the laws Of war, aud
not by municipal enactments. 81.
The power was exercised By military
commanders, under instructions, of course
from their respective governments. Con-
gress is now about passing grant to refund .
TO Gen. jackson the amount of o certain
fue imposed upon him by Judge, under
the laws Of the State of Louisiana Yon
are going to refund him the money with
interest and this you are going 10 do be-
cause the imposition of the fine was unjust.
And why unjust? Because Gen. Jackson
was acting under the laws Of war, and be-
cause the moment you place military com
mander in district which is the theater of
war, the laws of war apply to that district.
l have a correspondence between Gep.
Jackson aud the Governor Of Georgia, dur-
ing the Seminole campaign, in which Gen
jackson asserts that the principle that be
as governor of q state within his General
Jackson's) military division had no right
to give military order, while he General
Jackson) was in the 6eld. The Governor
contested the power of Gen, jackson, and
said all be could for state rights; but Gen,
jackson had given an order, aud that or!
der was carried into effect, while the order
Of the Governor was suppressed General
jackson had the right OF the question. e
might furnish thousand proofs to show
that the preteusionS of gentlemen to the
sanctity of their municipal institutions, un-
der state of actual invasion and of actual
war; whether serVile, civil or foreign, are
wholly unfounded, and that the laws of war
do, in all such cases, take the precedence.
I lay this down as the law of nations. /
say that the military authority takes, foe
the time, the place Of all municipal iu-
situations. Slavery among the rest Un.
der that state Of things. so far from its bo.
ing true that the states where slavery OK
lists have the exclusive management of the
subject, not only the President Of the u
States, but the commander of the army has
power to order the universal emancipation
of the slaves. gaf
I have given more in detail principle
l have asserted on this floor before now,
and of which have no more doubt than
that you, sir, occupy that chair. l give it
in its development in order that any gen
tleman, from any part Of the Union, may
deny the truth Of this position, il he thinks
proper, and may maintain his denial, not
by indignation, not by passion and fury.
but by sound and sober reasoning from the
laws Of nations and the laws Of war. IL
my position can be answered and retuted.
| shalt receive the refutation with pleasure.
l shall be glad to listen to reason aside, as
say, from indignation and passion. ~,
by the force of reasoning, my understand.
ing can be convinced, | here pledge myselF
| to recant what have asserted.
Let nv position be answered let me be
told let nv constituents be told, let the
peope of my state be told, a state whose
soil tolerates not the foot Of q slaVe,l
that they are bound by the Constitution 10
a long and toilsome march, under burning
summer suns aud deadly southern cline.
for the suppression Of serVile war that
they are hound TO leave their bodies
to rot upon the sands Of Carolina, to leave
their wives widows, and their children or.
phans that those who cannot march are
bound to pour out their treasures, while
their sons or brothers are pouring out their
blood, to suppress servile war, combined
with civil or foreign war; and yet that
there exists no power (beyond the limits Of
the slave state, where such war Is raging,l
TO emsneipate the slaves. Let this be
proved, say, am open to eonVlctiohj
but till that conviction comes, put it forth.
not as dictate Of feeling, but as q settled