The national Republican., 1861-11-06
SLAVES AND THE WAR PowsH.


A writer in the New York Ecening Post
after citing (quite unnecessarily, we Think ex
smples of the liberation OF the slaves OF enemi, s
proceeds to cite instances in our history, where
our generals with the sanction Of our Pres
dents. have liberated the slaves of men, not enc
mics Of the Government, but loyal.
This writer says:
When the British army was approaching
New Orleans, General Jackson proclaimed mar
tial law, suspended the writ Of hqbeds corpus
cont the French population out of the CITY, i'm
prisoned Judge Hall, of the State Judiciary, and
Loualler. member of the State Legislature.
and ordered the laves into the public service.
Some of these were killed, and many never re-.
turned to bondage.
''All these proceedings came under the con
sideration of Mr.. Madison and bis Cabinet, who
unanimously approved them. Indeed. no South
em man denied that General Jackson acted
within the limits Of the twar power, but some o.
them insisted that the owners of the slaves thus
emancpated, should receive indemnity for thei
loss. 10 1915. when bill was under consid,
Grafton in the House of Representatives for
compensating persons for property lost or de
stroyed iu the public service u member from
South Carolina proposed to amend II 20 as to
grant payment for slaves lest or killed in the
public service. This was intended to embrace
the cases which occurred at New Orleans: hut
the amendment was rejected-only thirty-two
members voting for it,
Efforts have frequently been put forth to
obtain indemnity for the loss of the slaves thus
emancipated by General jackson; but the
claims have been uniformly rejected and the
action of General Jackson has at all times been
sustained by Congress.
During hostilities In Florida the war power
was often exerted for the emancipation of
slaves Many fugitives from South Caroline,
Georgia, Alabama, and Mississippi fed to the
territory, and united with the Seminoles who
resided far down in the interior. General Jes-
sup entered into written contracts with some
to give them aud their families freedom. in con.
sdsration of certain services, which being per
formed, the men, women and children were
set free, and are now enjoying their liberty
near Santa Rosa, in Mexico. They all belong,
to the friends of the Government Other flei
hves were captured at various times and sen
West. The owners were anxious to reclaiu
their fugitive bondmen; but by general order
the commanding officer at one time prohibited
the owners from coming within some twenty.
five miles Of the place where the fugitves were
encamped until sent West and set free. Gen.
eral Taylor at no time would permit ibe own
ers of slaves to sec his prisoners for tae pur
pose of ascertainng whether they claimed any
of them as slaves, or not.
Several hundred fugitive slaves were CAP
tured and sent West, in total disregard of the
State laws by which they bad been held, an4
the rcmonstrances of the masters were treate :
with Indifference.
"Some sixty or seventy at one time reached
New Orleans on their way West under the
command of Lieutenant Reynolds. They were
followed by the claimants, who obtained pro-
cess 7 r bringing them before the court Of
Louisiana; but they were at that time In Fort
Pike. and the commanding officer would not
suffer the sheriff to enter the fort to serve the
process. General Gaines, commanding thar
military district, was cited before the court to
show cause why the negroes should not be
produced in court. Bhe war worn veteran ap-
peared in person and showed cause He bore
himsalt with dignity. showing to the court that
the slaves were prisoners of war, held under ey-
ecutive authority in the legitimate exercise of
the war power; and by his exertions some sixty
human beings were saved from bondag.
worse than death They were sent West and
set iree. Ihese proceedings were duly ap
proved by the President"
Gen. jackson, undoubtedly, proceeded upon
the plain principle, that the Government NAV
claim the military services of every able-boled
man. free or slave. and is no more bound Il,
pay for slaves killed than for freemen killed il
battle.
ln the Florida cases running through a con
siderable period and all trea ed in the same
way by successive generals (some of them larg,.
slaVeholders0 the principles which seem t.
have governed, were that it was no part of The,
business Of the army to capture runaway slaves
for their owners; that such slaves who had @,
fected their escape into the limits of InliarI
tribes had obtained their freedom, as a matter
OF fact; thai owners had no claim to be nut In
better position in respect to escaped slaves
by anything done by the army; and that such
slaves surrendering themselves as prisoners o.
war, could not fairly, alter their surrender a.
such had been accepted, be deprived of any
rights attached to that character