The Placer herald., 1862-11-22
The POLICY of Emancipation.

thereof, has any power by virtue Of the
Constitution or the laws thereof, to pro-
claim the freedom from slavery of any per-
son held to ssrvitude under and by virtue
of the rightful powers of any of the South
ern States, but it is seited that by reason
of some extraordinary power no where writ
tan or set forth, Abraham Lincoln by reason
of being President can do such things, be-
cause he is thereby made COMMANDMENTS
chief of the Army and Navy. The logic OF
this doctrine is very dangerous. 1t comedies
to tina, gentleman the right to do any and
every act which he may deem necessary in
the present emergency. For example, he
has no authority delegated to him to pro-
hbit elections in the State of California,
but if as commander.in 'chief he concelves
it dangerous and inimical to the govern
ment for the people to pass upon any matter
at the polls, if he can uproot the domestic
institutions of State, he certainly can do
the less fragrant act of uspending for a
time the exercise Of their political franchise
Well, if he may do this in 1868, he may do
it in 1864, and so on.
The seeded States are banded together
under government de tdcto known as the
Confederate States of America, and with
| that power We are at war,-we exchange
communications with the military officers of
that government, recognizing their com
mssoners and rank, exchange prisoners,
and so far as relates to people in state OF
war, treat them as a nation. Nations in
state of war are not authorized by the rules
Of modern practice to uproot the domestic
institutions of each other. 1t would have
added perhaps to the present success OF
Napoleon in 1912 if he bad encouraged the
serfs OF Russia to join his army-then in
that country; but he declined doing so, on
the grounds that it was not among the meas
ures authorized by state of war. He pre-
ferred facing the terrible disasters that befel
his grand army in that campaign, TO encoun-
tering the concentrated scorn of the civilized
world, for so gross a violation Of the laws
of nations.
AS to the morality of a recourse to such
weapon let US cite the authority of John
Quincy Adams, Secretary of State in 1915,
who, referring to similar attempts of the
| British in The war of 1912, wrote:
They the BritiSh) had no right to make any
such (enancputon) promise to the negroes
| The principle is. that the enamel patton OF IN
enemy's slaves is not among the acts OF legltl-
mate war; as relates to the owners, it destruc-
ton of private property, no where Warranted by
the usages OF war;"
Again, five years afterwards, Mr.. Adams
most enphaiicaIly denied the right OF
beIigerent to emancipate slaves. He said:
No such right is acknowledged as u law OF
war by writers who admit any limitation The
right of putting TO death all prisoners in cold
blood, and without special cause, might as well
be pretended TO he law of war, or the right to
use poisoned weapons, or to assasslnate."
But we have an illustration yet more in
point. One of the mos! impartial histori,
ans of the war for independence, is al Italian
named Batta; and in Vol. |, p 230 he gives
the result of an experiment upon the slaves
Of the Revolution.
Lord Dunmore proclaimed martial law; the
effect OF which would have been to suspend all
civil authority in the province. He eXhorted
the loyalists to repair to the royal standard; to
retain in their hands the contributions due to the
crown. as well as other taxes until the re estab
lishment of peace. Moreover. he declared free
all siares or serudnts black or Uhite, prOnided
they should take up arms and JON the royal
troops.
This proclamation and especially the clause
concerning SLAVES proved that Lord Dunmore
was a man extremely deficient in prudence and
moderation, but produced none Of the effects he
had expected. In the colonies, and even in all
other countries, an universal cry arose against
a measure which tended to disturb society in its
very foundations to destroy domestic security, to
engender mortal suspicious and to excite nation
naturally ierocious, to vengeance and to murder.
| In fact, this step of the Governor was not merely
useless it was perncions it irriated the minds
of the greater number, and gained over none.'
The historian adds. that of the few who
were enlisted bv Lord Dunmore, and were
pressed into fight at Norfolk, they hehav
ed very shabbily, and saved themselves by
flight"
Mr. Lincoln adds no conditions to his in
viation to the slaves, it seems made wanton
" and invites Instruction. lie says.
THAT on the first day Of January, in the yea
of our Lord one thousand eight hundred ant
sixty three, all persons held rs slaves within an
State, or any designated part of State, the PEG
pie whereof shall then be in rebellion agains
the United States, shall be then, thenccforwar
and forever free, and the Executive Government
of the Unitee States, including the military an
naval authority thereof, will recognize and main
the freedom of such persons, ~ and ,cU d
no act or acts to repress such persons. or any Q
them, in anyetorts they make for their aetna
FreedOnr -1A
Thus we see that there is neither law
precedent, nor policy in favor of this extreme
: measure of the Administration. 1t is
, measure in violation of the law and prac
,ce of nations strongly condemned, by GU