Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1861-06-21
THE HON. J. r. GIDDINGs ON THE
CRISIS


TO the editor Of The ~ Y Tribune.
SfG Our country is opening up new page
in the history OF governments. The world
has never witnessed such spontaneous up
rising Of any people in support Of free insti
tutions as that now exhibited by the citizens
Of our Northern States
observe that the vexed question Of slavery
still has to be met. both in the Cabinet and in
the field. 1t ha- been met by former Presi-
ideHts, By former Cabinets, and by former
military officers. They have established a
train Of precedents, that may we'll be follow
cd at this day. | write now for the purpose
Of inviting attention to those principles Of in
tcrnatonal law, which are regarded by Pub
licists and Jurists AS proper guides in the ex-
orcse Of tina; despotic and almost unlimited
authority called the war power" A synop-
sis Of these doctrines was given by Maj Gen.
Gaines, at New Orleans, in 1888.
General Jessup had captured many fugitive
slaves and Indians in Florida, and had order
cd them to be sent west Of the Mississippi -
Al New Orleans they were claimed by the
owners under legal process but Gen. Gaine.
commanding that military district, refused to
deliver them to the sheriff, and appeared in
court, stating his own defence
lie declared that these people (men. wo-
men and children wsre captured ia toar, aud
held as prisoners Of 'car. That as command
er Of that military department or district he
held them subject only to the order Of the
National Executive that he could recognize
no other power in time Of war, or by the laws
Of war, as authorized to take prisoners from
his possession.
lie asserted that in time Of war all lau.s
tcere beHigcrents, as much as their masters
The slave men, said he, cultivate the earth
and supply provisions The women cook the
food, nurse the wounded and sick, and con-
tribute to the maintenance Of the war, often
more than tho same number Of males The
slave children equally contribute whatever
they are able to the support Of the war. In
deed, he well supported General Buffers dec
lara.ion. that slaves are coRtrabaHd Of tcdr.
The military officer said he can enter into
no Judicial examination Of the claim OK one
man TO the bones and muscles OF another as
property. Nor could he, as a military officer,
know what the laws Of Florida were while
engaged in maintaining the Federal Govern
ment by force OF arms. In such case he could
only be guided by the laws Of war and,
whatever may be the laws Of any State. they
must yield TO the safety Of the Federal Gov
ernmcnt. This defence Of General Gaines
may be found in House Doc. No. 225. of the
2d session Of the 25th Congress. lie sent
the slaves West, where they became free.
Louis. the slave Of man named Pacheco,
betrayed Major Dade's battalion, in 836. and
when he had witnested their massacre he
joined the enemy. Two years subsequently
he was captured. Pacheoo claimed him T.;
General Jessup said Il he had time he would
try him before a court-martial and hang him.
but would not deliver him to any man. lie.
however, sent him West and the fugitive slave
became free man. and is now hghting the
Texans General Jessup reported his scton
60 the War Department, and Mr.. Van Buren,,
then President with his Cabinet. approved it,
Pacheco then appealed to Congress. asking
that body 70 pay him for the loss Of his slave ;
uad Mr.. Greeley will recollect that he and
myself and majority OF the House Of Repre-
senatives voted against the BILL which was re-
jected All concured in the opinion that
General Je"up did right in emancipating the
slave instead Of returning him to his master.
In 1888 Gen. Taylor captured number Of
negroes said to be fugitive slaves. Citizens
of Florida learning what had been done. i'm
rnediately gathered around his camp intending
to secure the slaves who had escaped from
them. Gen. Taylor told them that he had no
prisoners but "prisoners Of war The
claimants then desired TO look at them in or
der to determine whether he was holding
their slaves as prisoners. The veteran warrior
replied that no man should examine his prs-
oncrs for such purpose; and he ordered
them 20 depari This action being reported
TO War Department; was approved by the Er-
ecutive. Tho slaves however were sent West
and set free
In 1886 Gen Jessup wanted guides and
men 70 act as spies. lie therefore engaged
several fugitive slaves 70 act such. agreeing
miles il they served the Government faith
fully. They agrecd 10 do so, fulfilled their
agreement, were sent West and set free. Mr.
Van Barens Administration approved the
contract and Mr. Tyler's Administration ap-
proved the manner in which Gen. Jcssup full
filled it, by setting the slave free.
In December. 1914 Gen. Jackson impress
ed large number of slaves at and near New
Orleans, and kept them at work erecting de-
fenscs, behind which his troops won such
glory ON the Sth Of January, 1878. The mas
ter demonstrated. Jackson disregard their
remonstrances and kept the slaves at work
until many of them were killed by the enc
mys shots yet his action was approved by
Madison and Cabinet, and by Congress, which
has ever refused to pay the masters for their
loss. But in all these cases. the masters
were proiessedly friends Of the Government /;
yet our Presidents and Cabinets and Gener-
ais have not hesitated to emancpate their
slaves, whenever in time Of war it was sup
posed to be for the interest Of the country to
do So This was done in the exercise Of the
=" war power to which Mr.. Adams referred
in Congress, aud for which he had the most
abundant authority But think no records
of this nation, nor of any other nation, will
show an instance in which a fugitive slave
has been sent back to a master who was in
rebellion against the very Government who
held his slave captive.
From these precedents deduce the follow
ing doctrine.
First That slaves belonging to an enemy
are now, and have ever been regarded as bell
ligerents may be lawfully captured and set
free, sent out of the State or otherwise dis
posed OF at the will of the Executive.
Secoud, That as slaves enable an enemy to
continue and carry on the war now waged
against our Government IL becomes the duty
OF all officers and loyal citizens to use every
proper means TO induce the slaves to leave
their masters, and cease lending aid and COM