The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1862-05-17

the press, and it breathes very much the same
spirit that Secretary Stanton displayed short
time ago, before President Lincoln took the
starch out of him by interfering in favor of
McClellans plans. We know that Secretary
Chase has been trying to manage the contra
bands at Hilton Head, on the plan of making
them educated saints, fit only for colleges in
this world and glory in the next. This plan
having failed, and Chase's man Pierce having
been hit "right between the eyes, in personal
rencontre with another officer of the Treasury
Department, it is very likely that Chase handed
the contrabands, just as Seward handed the
press censorship, over to Stanton. Besides,
Stanton is generally believed to be more or
less under the control Of the abolitionists while
Hunter is mott and this order looks very much
like an abolition anchor thrown to windward
to counterfeit the effect Of Andy Johnson's con-
servative administration in Tennessee, Governor
SANKEY'S expected conservative administration
in North Carolina, and the conservatism of our
fighting generals-McC lellan, Halleck, Burnside
and their subordinates-whom with the Presi-
dent, this proclamation. roundly abuses for al
lowing slavery and martial law" which are
incompatible in free country" to coexist in
their departments. If Stanton concocted this
loosely worded order, then it was probably
sent down some time ago, with the red flannel
trowsers and Tribune muskets, to supersede
Chases educational policy and aid the abolition
party.
This proclamation of freedom to the slaves
resembles the bulletins against the press. not
only in its style, but in its impracticabity.
Give it the best possible Interpretation, and
say that the writer means that slavery is subor-
dinate to-not incompatible" with-martial
law, and still it effects nothing practically.
Martial law can only supersede slavery during
the time we hold military possession of the
only be put in force over such parts of the
States as are occupied by our armies. General
Hunter, therefore, can but free the slaves with
in his own lines; and they are, in point of fact,
free already; for their masters are either killed
or absent. What then, is the use of issuing
general order to accomplish what is already
done? Or suppose that Georgia, Florida or
South Carolina should suddenly take the
alarm and come back into the Union
for fear of losing her slaves, what would
then become of Hunters proclamation
and the freedom it bestows? OF course
they would march off with our troops and their
martial law, and the State laws would resume
their former force II is we'll established con-
stitutional doctrine, to which President Lincoln
has repeatedly given his assent, that no power
except that of q State itself can abolish the in
ssitutions Of State. The military authorities,
therefore, can only interfere with slavery while
martial law supersedes the civil law; and when
State returns to ito allegiance the institution
Of slavery returns with the other civil enact
rnents as soon a. the military is withdrawn.
This has been the doctrine and the practice of
the government everywhere throughout the
war, and General Hunter or Secretary Stanton
cannot alter it by any general order whatever
Consequently, the President could not do less
than our Washington despatch announces that
he is determined to do-namely, to order the
recall Of General Hunter, or the instant with
drawal Of this proclamation by the official who
authorized it. Any popular excitement about
it, therefore, is unnecessary.