New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-26

G., wit: first on an honest sympathy with The ADO
Iton cause 10 ose who carry The war; and see-
ond ON such formidable and long-conIIDued re'l''
,nce from the Rebels 20 VIII create 'be ntoesy lof
ror,e Them. The chance Of these contingencies be-
inC fulfilled is the measure OF yrobaoilty Tor einah'
einaion on the ground Of 8 military necessity uudei
lie Copstiinti n and the country can judge OF The
extent Of Ills for iiteli.
For my own part, think 1t quite prooiemaucaI
whether there lie more iLan enc sincere AbobnonisI
~ Euau,ipati mist among Tie military huhciiiies;
Or that the rebellion will ever bold ont to the point
of rendering The Liberation OF the Whole BODY OF
sllves necessary 10 sGodne ":
Slavery caubot lie abolished in a State by act Of
Congress. The thing lie impos ible Congress ID The
legislative branch OF tie Government performing lie
ealjes under certain constitutional liuitstons.
Slavery in the States is out,ido Of those limitations
lt can be abolished only by the States thewselves
or by he Executive H time 81 cdr, On prlnu les OF
public law as ably expounded many years ago by
John Quincy Adams. In tho gu preston OF lnsni'
rection, however, the Executive has not THE power
unless The insurgents have cea-edto be parties to on
constitutional Union; IN which case they have, IT.
fact ceased to be Insurgents, and become being
ents.
The overthrow of Slavery by confscating tie
property Of rebel Shareholders seems 10 ce to lie Ut
erly i.n2racirsule consistently with The plain re-
q1ireuents Of the Coas'itution. I'LL has recently
been introduced Into tie Senate 10 declare ibe pro
Ity of ali persons engaged i'll TIE rebellion forfeit
aud directing the President to execute lie provisions
summsily without the iuierpsluon OF civi' proces'
for tfill or Judgment. This bill is unconsIitu ioraL
Tie filth amendment TO the Constitution prov'oes
hat
No persor shah be deprived ofhte, Liberty, property
without due process Of law"
And the sixth amendment IL as follows:
Ia all criminal prosecutons The accused .hs e9oy we
light speedy AID public iia by an M p'nisfy 81 ,hs
sat. ic WheIe crime .hal hsye been committed
which dsnist 'hsl aye b,en reyion'y t.cssioea ~ ~
nd 10 be Informed of he rl NE aid e"se r. me ueost.o
lie couiforted with the Witnesses sgnst Lim 70 have com
Pu.o pieces Tor e',ai's ~ h s a. ~ ~ 'A''''
A bin has been introduced also into this body OF
sim ar import and obnoxious TO the same ot ction
md lisewise to still stronger lois latter bill
proposes abolish state, aud degrade 1t to the po,
sition OF Territory. Any such act OF this would
10 utterly at war with tie theory OF our Federal
en- Ii could not lie carried into Effect without de-
stroying the nation snch it has heretofore existed
ifs succ.s would establish precedent ~hl;h wouil
make the Federal Government tie source OF "a !
power, and convert the States into mere corpo-
raiOns.
Yet while such views as these are correct, IS re
CARDS the States Of the u ion, we could accomplish
ne object OF elnancipaton without legal dh1 uliy,
9 toward a foreign nation or belligerert Power.
The confiscation OF property and Tie regulation oi
order could be provided for by act OF Cotg'ets ~
any territory conquered by the authority Of tie
vest for The time being in the Executive, AZ Com
mauder-in.Chiet OF the nation, even without any
such enactment. His discretion in such case Is tie
measure o. is power; but this must be governed by
lie egigenoies, aud for the faithful eXeice OF ths
extensive trust he is responsible 10 The nation,
through It's established tribunals. The Present
may, at any moment, be impeacbed by this House
IL ia, in my Judgment of trapscendeut importance
TO guard the principles OF our syetem OF Tree Gov
errneut The most important Of them lie that oil q
e iutn hs
legislative, Judicial, and executive. TINS bias al
Says been regarded as essential 10 liberty IL Is no
necessary tia, the Executive should witld military
power. But the object Of this Is 10 preserve onf
.ystem, not 10 destroy Il. The war Il, OF course TO
be GONNA atively OF short duralon; and at Its
termination the executive power will agsin be re-
stored 70 that Of O. civil magistrate. la the mean
time let Congress be circumspect in Its own acion,
and pre- JARED 10 hold the other branches to usl SC
c0uhiability.
The success Of the Government in subdung uron
It's present plan the retelious States NUT vially
result ia restoring the domination Of tie sayehold'
ing olass by rel stsnUg the In ttuilon under the
forms Of our constitutional system, IN tne powers,
privileges, and immunities which have always per-
tanned TO it. Hence, such policy Is calculated 10
bring no lasting yeace TO the country, aud utterly
fails fulfill the object TO which wise ststesinaI-
ship would strive TO direct tho tendencies OF the
pIese ut nomentOus occasion.
IL is 10 ans wer to me u ray thst it would elevate
neIs or even more gentle Pro. Slavery views, tGar!
IRE row on The stage. In truth, the character OF
the agents bon the Shareholders select 10 represent
them has DO important relation To the question Meh
are OF but bttle consequence IN tbis case 1t Is a
contest OF principles. Tie Tehabih alton OF Slavery
in The Union brings with it the whole tram Of evils
under which the country has suffered from the origin
of the Government.
There are however, many persons who believe
thai Slavery may be placed where 1t viii " be III
couree Of ultimate extinction" that indeed, tie
effect Of this war in any event, will be 90 TO weaken
it II all the States in which Il exists, that u viii be
unatie TO recover from tie shock thereby infict
but will laDguisb, and u imately die, without dis
turbing struggle
This IT, in my Judgment mistake. The mex
orable aud eternal condition OF the HE OF Slavery Is,
hst il must not only bold it's own, but II must get
more. Such is the Interchangeable law, developed
from tie conflict Of Slavery with the order OF jus
tice; aud no one is competent TO render lud snent
10 the osse who does Lot recognize 1t.
The object Of Government Ii the protection Of the
rights OF persons and property, which Slavery con-
trayenes. Slavery is systematic violation OF these
rights. Government is Instituted for mutual protec-
ti0n--he protection Of each through the union Of oil
and presupposes no superiority Of right IN lite cub
jects one another, but implies perfect equality
between them in respect 10 the end aimed st--the
one object If Justice between man aud man. II Is
an iusirurnent Of nature: and whatever transient
Influences may for time intervene TO warp 1t from
It's appointed way, II will forever like the magnetic
needle, revert back 10 the eternal current which
God has set to bind ii TO its Consequently,
between it and slavery there is in principle, eter
nal antagoDisIp. The law Of the one is TO accom-
psh the Identical result which the other is bound by
its law TO prevent To dominate Government, aud
keep it from obeying the principle Of its being,
is therefore the chef task Of Slavery 1t must sub
vert Government, with respect 20 itself, to have an
existence Nor Is this all Government arises from
the elementary spirit Of justice operating TO the end
OF maintaining among the divine order. Slavery
IL at war with this elementary spirit, and conse-
ouently TO merely Deutralize Government leaves 1t