Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-05-20
Negro Slavery in Time of War.

Representatives April IA and Is, 1872.
What | say is involuntary, because the sub.
ject has been brought into the house from an
other quarter. l would leave that institution
TO the exclusive consideration and manage
ment of the states more peculiarly interested
in it, just as long as they can keep U,ihin their cum
bounds. So lar, | admit that congress has no
power to medcIle with it. AS long as they do
not step out OF their own bounds, and do not
put the question To the people of the United
States, whose peace, welfare and happiness
are all at stake, so long will agree to leave
them TO themselves But when member
from free state brings forward certain reso
luions, Tor which, instead of reasoning to dis.
prove his positions, you vote a censuIe upon
him, and that without hearing it is quite an
other affair. Al the same time this was done,
said tlat, as far as | could understand the
resolutions proposed by the gentlepan from
Ohio, (Mr. Giddings,) there were some of
them for 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 resolution against which l
aCouid haze Uoted rdS that IN Which he declares That
,Uhdt are cdled the SdUe states haze The erciuSiUe
right for consultation on the subject Of Stauey, For
that resolution i never would vote, because |
believe that it is not just, and does not contain
constitutional doctrine.
l believe that, so long as slave states are
able to sustain their institutions without going
abroad or calling upon other parts of the
Union to aid them or act on The Subject so long
will consent never 10 interfere. l have said
this, and / repeat it, but if they come 10 the
free states, and say TO them. you must help us
to keep down our slaves, yhu must aid Us in
instruction and civil war, tnen sa, shaJ
Nth that call comes a full and plenUy power to
this house and 10 the senate the whote subject.
II is a ,cdr poaUer say it is a war power, and
when your country is actually in war, ,Chether
ii be a udr ofnUdSiOR or Wdr of inSurrectiCn
congress has pO1Cer TO carry on the sCdr. and must
carry ii on according to the LdwS 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.
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 these laws 1t is this that when
country is invaded, and two hostile armies are
set in martial array, the commanders Of both ar.
mics haze po,oer to emancipate all the siaUeS an the
invaded territory. Nor is this a mere theoretic
statement The history of South America
shows that the doctrine has been carried into
practical execution within the last thirty years.
Slavery was abolished in Columbia, first by
by the Spanish General MorillO, and secondly
by the American General Bolivar. 1t was alb
Olished by virtue of Il military command given
at the head OF the army, and its abolition con
t!nues to be law TO this day. II UaS abolished
by the la,US of car, and not by municipal enact.
mentS; tile power was exercised by military
commanders, under instructions, Of course,
from their respective governments. And here
recur again TO the example of Gen. jackson.
What are you now about in congress You
are about passing grant TO refund to Gen.
jackson the amount Ut certain fine imposed
upon him by Judge under the laws of the
state OF Louisiana. You are going to refund
HIM the money, with interest and this you
are going tn do because the imposition of the
fine was unjust. And why was it unjust
Because Gen. jackson was acting under the
laws OF war, and because the moment you place a
military commander in district wAich is the thea
ire Of oar, tie ia~s Of 'car apPy to that district.
might furnish thousand proofs to show
that the pretensions of gentlemen to the sane
tity OF their municipal institutions, under
state of actual war, whether serve, civil or
fore ign, is wholly untounded, and that the
laws of war do, in all such cases, take the pre-
cedence. lay this down as the law of ma
tons. say that military authority takes, for
the lime, the place of all municipal nstitu
tons, and slavery among the rest and that, un
der that state of things, so far from lis being
true that the states where slavery exists have
tile exclusive management of the subject, not
only the president Of the United States, but the
commander Of the army, has power 10 order the
universal emancipation othe Silues have Civ
en- here more in detail a principle which |
have asserted on this floor before now, and of
which l have no more doubt than that you,
sir, occupy that chair give il in its devel-
opment, in order that any part OF the Union
may, if he thinks proper, deny the truth of
the position, 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. And if
my position can he answered and refutcd, |
shall receive the refutatiOn with pleasure;
shall be glad 10 listen 10 reason aside, rs l
say, from indi nation and passion. And if,
by the force of reasoning, my understanding
can be convinced, here pledge myself to re-
cant what have asserted.
Let my position be answered let me be
told, let my constituents be told, the people OF
my state be told-a state whose soil tolerates
NOT the foot of slave--.that they are bound
by the constitution TO Il long and tOisome
march under burning summer suns and a
deadly southern cline for the suppression of a
servile war, that they are bound to leave their
bodies to rot on the sands of Carolina, to leave
their wives, widows and children orphans
that those who cannot march are bound to
pour out their treasures while their sons OF
brothers are pouring out their blood TO sup
press servie. combined with civil or for
eIgn war, and yet that there exists no power
be, ond the limits of the slave states wher,
such war is raging to emancipatc the slaves
say, let this be proved-I am open to con
victon, but till that conviction comes, nut i
forth, not as a dictate of feeling, but as set
tied maxim OF the law of nations, that, in sucl
case the military sapersedes the ciuilpo,cer !; ant
on this account should have been obliged t,