Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1862-03-14

war and that without trial for treason w nat
I mean TO assert / desire to state carefully,
vDd may also enforce what mean by an u
ms,ration. Suppose the rebellion at an end
and of course. the war for its suppression at
an end. But ii did not become necessary to,
nor did roo. free all The slaves, and the slaves
If deceased rpbeIs are held By their heirs. Or
suppoee Won did capture and free all the slaves
in some State which however. is now loyal and /
in the Union. but the people have, under their
State constitutions, reintroduced siavery NOW,
how are we to execute our statute in either OF
these casesg II will not do to say that you
will coniinue or renew the war against slavery !
For most manitstly ypn cannot make or con /
Time the war 10 abolish slavery now, when
there is no rebellion, any more than you could
have made war for tIiatpnrpose before there
wos any rebellion The war for that end could
not be continued as an enforcement ofa munl-
ripaI act Of Congress, nor could yeu appeal to
,he courts for its enforcement as munich
pal enactment, because II is impossible to-
bold that the mere fact the act was passed
in tine Of war enables il TO impose foriri'ures
which are expressly prohibited to be enforced
in time OF peace. TO hold that yon may, dur
ing rebellion, pass law which shall con'in-
ne in force and be executell, either by war or
ny the courts, through all time. which imposes
fIrleituros which ron could not enact into law
in time Of peace, would be, in principle, prc-
ciseIy the same as to hold that because you may,
during a rebellion, deprive men of the privi-
lpEe OF the writ Of hGJeas corpus, therefore you
may enact law, during the rebellion. depriv-
ing the TrLcIlious districts and tie rebel inhae-
itants Of the privilege Of tlle writ forever It
is asserting that in times OF rebellion you may
PosE law which shall be operative through
all time, and be cxeygl.ed. IL need be, by war.
which shall abolish, as TO the r. bcl inhabitants
and districts. after they shall have become 10y
aI their local institutions. and, as to them the
Constitution Of the United States also. What
here argue is explicitly declared by MIR,
Adams, 18th Of Arril, 1912, lie says, speak-
ing Of time of war:
II say that the military authority takes, for
he time, The place Of all 1aunieipal institutions,
and of E'avery among them"
Mr. Adams makes the whole power OF the
Government over slavery TO continue "for the
time OF the war, and that only by the flaws
of war taking the precedence of municipal
laws and institutions.
But take another Illustration OF this power
Of Congress TO adopt permanent mnniipal en-
uctmente, and Of making them operative IL
peace end war, as modes of forfeiture which
are forbidden by the Constitution as Pccc'
powers. t
On the 9th Of juno, 1851, Mr.. Webster
wrote TO Hamilton. Of New York, setting fOrtl
q resolution in which it was
"Resolred, That as God is our helper, VIC viii
not suffer any person charged with beirg iu
Citive from labor TO be taken from among US.
Now, MIR. Webster asserts, what no one vii
deny who knows The law, that this resolution
carried out by the force Of arms or OF mum
bers would be treason. Now, inquire, ma!
we enact law providing that any ono VIII
shall, "by force Of numbers and arms" assist i
resisting the fngi,ive-save law, and also hi
children and heirs. shall forfeit, ardlo,a fria
for that offence, oil his property forever? Ma.
we this winter add such section TO the fugi
tive-sIave law? II not, why not? You mus
remember the punishment Of treason does no
depend on the latitude in which il was com
mittcd; nor upon trsieh law Of the Government
the war is levied against; nor what the s'=e o
the war is, so that il be . levying Of tcar.
admit that am wholly Incapable Of seeiu;
why We may not amend the fngitivc-slav
law as have above indicated. if We may pas
n law, operative beyond our military lines. am
not in regulation OF military camps or cap
tures, but operative through all time ard owe
ihe whole land after we shall be at peacc
which shall punish Southern treason as "
eould not punish Northern treason.
In what have here said touching the righ
Of coniscation aI.d forfeiture by the GUverl'
ment being limited as have argued have I,
no means overlooked those exceptions Of sum
mary right Of forfeiture which the Govcrnmcn
has always exercised for the enforcement Q
revenue laws, and Of official duties, and ilnpos
ing forfeitures ia rem for Illegal employment {
property All such forieitnrcs rest upon spe
cial and peculiar grounds, which are elaborate
IL discussed and stated in the case of Murry
lessee, ls Howard, These exceptions. ther
brought to notice, affect in no degree what
bere argued. s-..s.,.f.
1t is claimed, however, for the policy Of ger
eral acts Of emancipation, that the fear Of for
feiture will deter men from acts of forfeiture
The self-evident answer to this is, that you
legislation alone will not free single slay
whom you do not capture and therefore III
emancipation of 'csptured-' slaves of iebe
will be as great restraint upon acts Of tres
son as general acts OF emancipation VIII be.
Another argument in lavor Of this legisl,
tiou is its tendency 10 give hope to the sIaye'
and to array them on the side OF the Goverr
ment But, sir, how perfectly obvious it
that policy which protects those slaves
rebels whom we cal ture, furnished them cqu;
and for safer inducements TO be on the side
the Government To induce those whom YOU
arms cannot protect to insurrection. is to il
vite them to indiscriminate self slaughter II
other policy excites hope 10 them just as far
it is wise anc useful to excite il, and that vii
supreme regard to The public safety.
Another plea, based upon notious Of polio
in favor OF this legislation is, that il gives
moral quality 10 the war which will uni
England in sympathy with us England! Yo
will throw out tub to the whale, England
Sir, it is utterly preposIerous. He must
blind beyond medication, even 10y "c'ay mac
Of spittle," who docs not see that the only go,
erning class in EnglandZtte tory-no
against US in sympathy, is so just because the
prefer the aristocracy of slave power TO Il
dignity Of free labor, which they hate. y
sir; if you would angle for England. and won
bait your hook to catch tl,e ruling tory ella
of the "guardian of eivilization,r put upon
all that debascs free labor and exalts upon i
ruin classes Of. privilege.
It is asserted that the objections TO this lc
isIation have their origin in the mastery st
held by the slave power over the minds of le
islators. Presidents, and commanders. thin
Mr.. Chairman, that mastery is already go
in this republic; and L traSt forever. No, 81
my obiectiopsto it is that while il is practic.