The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1862-01-18

row. tue masters OF those slaves now com
ing within our lines, and helping as, would
have claim to their rendition, under the
| fugitive slave or the local law.
While, therefore. the order of the Treas
ury Department for paying these persons
for services rendered, and the recommends
ton of the Navy Department that they may
be permitted to travel off, are good as far as
they go. they do not affect the vital ques
ton at issue.
The Secretary of War suggests some
thing nearer the point. IN saying that Gov
eminent ought to confer freedom on all
slaves who shsll in any military exigency
render it serN ice.
| AS to giving freedom to FIVE millions Of
slaves on the principle of a military neces-
tsity to suppress instruction, it is an idle
of a general rule on the subject. The re-
quisite m litary exigency authorizing action
may exist 10 one place and not n another;
in Missouri, for instance, on the line OF
Lanes Kansas Brigade, and not in Accomac
course, be determined upon. when and where
it arises, by officers in command.
| =
For my own part, think it quite prob
lematical whether there 'is more than one
sincere Abolitionist or Emancipationist g.
mong the military authorities, or that the
rebellion will ever hold out to the point of
rendering the liberation of the whole body
of slaves necessary to subdue it.
Slavery cannot be abolished in State by
act of Congess. The thing is impossible
Congress is the legislative branch of the
| ~
certain constitutional limitations. Slavery
in the States is outside of those limitations.
1t can be abolished only by the States them
selves, or by tile Executive tn time of s0ar,
on principles ofpublic law. "a ab expouad-
ed many years ago By John Quincy Adams.
In the suppression of insurrection, however.
the Executive has not this. uni IS the in
surgents have ceased to be parties to our
constitutional Union: in which case they
have, in fact, ceased to be insurgents, and
become belligerents.
The overthrow of slavery by confscating
the property of Rebel shareholders seems to
me to be utterly impraeticable. consistently
with the plain requirements of the Consti-
tuition. A bill has recently been introduced
into the Senate to declare the property OF all
persons engaged in the rebellion forfeit, and
directing the President to execute its provi-
sions SUNNI triiy without the interpositio OF
civil process for trial or Judgment. This
bill is unconstitutional.
A bill has been introduced also in this
body of similar import, and obnoxious to
the same objection, and likewise to a still
stronger one. This latter bill proposes to
abolish State, and degrade it to the posi-
ton of Territory. Any such act as this
would be utterly at war with the theory OF
our Federal system.
Yet, while such views as these are cor
rect "a regards the States of the Union. we
would accomplish the object of emancipa-
ton without legal difficulty, as toward a
foreign nation or beligerent Power. The
cnp6scation of property and the regulation
of order could be provided for by act oil
Congress in any territory conquered by the
authority Of the United States. Powers equal
} to these ends would vest for the time b9ine
in the Executive. as Commander in Cniei
! of tie nation. even without any such enact
: ment.
: The success of the Government in sub
( DUNG upon its present plan the rebellious
: States must inevitably result in restoring
; the domination of the slavehoi1ing class by
geinstaCng the institution. under the form
, of our constitutional system. in the powers.
privileges, and immunities which have al
ways perlained to it. Hence, such policy
is calculated to bring no lasting peace to the
, country. and utterly fails to fulfil the object
to which a wise craftsmanship would strive
10 direct the tendencies'of the present mo-
mentOus occasion.
? IL is no answer to me to say that it would
{ elevate TO power in the South men of more
: agreeable manners, or even more gentle Pro
Slavery views. than are now on the stage
In truth, the character of the agents whom
) the Shareholders select to represent them has
: nu important relation to the question. MeR
, are of bat little consequence in this case
Il is contest of principles. The rehabil-
iIation of slavery ia the Union brings with
, it the whole train of evils under which the
: country has suffered from the origin of the
r Government.
There are, however. many persons who
believe that Slavery may Be placed where
it will ''be in course Of ultimate extinction:'
: that. indeed, the effect of this wa. in any
: event. viii be SO to weaken it in all the
Z Stat 8 IN which il exists. that it will be un-
I able to recover from the shock thcreby IN
fic'ed. bat will langaish and ultimately die.
I without disturbing struggle.
: This is. in my. judgment. mistake.
The memorable and eternal condition of the
life of Slavery IL, that II must not only hold
! its own, bat it must get more. Such is the
interchangeable law. developed from the con
. Efiict OF Slavery with the order of justice
; and no one is competent to render a iudg-
ment in the case who does not recogn ize il.
; The obi ct of Government is the protec-
ton of the tights of persons aud property