New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-11-28

SLAVERY, By WILLIAM WHIrISG. Vol bVo. Pr
l43 John l.. Sholey. NewYork: W. |. POoley i Co.
MIR. Whiting is an eminent lawyer of Boston,
who has won great distinction before the Supreme
Court of the United States by bis success In IN
portant cases under the laws in relation 10 pat
ents. He has now bropght all his legal acuiheh
10 bear upon an investigation OF the SUBJECTS sci
forth in the title Of his present work. and the con-
cusions AT which he arrives, by links of argument
In which it Will be found difficult to detect iiaw,
are conhrnatory in the fullest degree OF the con-
stitutionaty of all the powers assumed by Con-
rrcss and BY the President in dealing with this
Rebellion.
The volume treats of those questions of interna-
fonal constitutional, aud municipal law, which
have arisen out of our present troubles. Some of
the new conditions which Slavery has now as
sumed are forcibly brought under consideration
The author asserts that shareholders are the only
"priyileged class under our Government; that
while foreign countries have within the last sixty
years abolished Slavery, we have extended its
area; that since l7o5 Slavery has changed its
character and relations to the country, and has
now become the chief cause of civil war, and the
chief obstacle TO the establishment Of the Union;
that slave-masters have now become arbiters of
peace and war. He then points out the dstinc-
tion between the means and the objects OF the
war aud shows that the destruction of Slavery
and the slaughter of Rebels may be the means
used to carry on the war, though they are not the
objects for which the war is prosecuted.
The contrast is then drawn between the views
of the narrow and those Of the liberal inter-
prefer of the Constitution. The laws and rights
secured to citizens in time OF peace are d sim
guished from those to be enjoyed in time of war;
and attention is called to the war powers which
are the rescrped and AhheTto unused pO,oers con-
famed in the Constitution, and now for the first
time called into action; and it is then shown that
the Union is gone forever If the Constitution de-
MES TO Government the power to save it. Some
OF the leading questions as to the rights of rebels
aud the rights of citizens, in military or in civil
life, are then stated.
la the concluding chapter Slavery is treated as
belonging to the domestic affairs of States, and
the inquiry is put and answered. when and how,
and under what circumstances. Government can
Interfere with Slavery for lis protection its de-
struction; aud it is admitted that this institution,
80 long as it is purely domestic, is outside OF
the pale of Congressional interference; but it is
proved that as soon Slavery ceases 10 be purely
domestic, and whenever it involves questions of
irrational defense and public welfare, it then
becomes subject TO the same powers that deal
with other questions of national defense and pub
lie welfare; subject, namely, to Congress and the
President.
The author next explains now Congress may In
teriere with Slavery; (st) BY passing militia
laws, or (2d) naturalization laws, OF (3d) laws
regulating commerce; also, (4th) by treaties with
Foreign nations (5th) by the power Of suppressing
rebellion and insurrection; (6th) by the right OF
appropriatiDg private property for public use;
t7th) by the war powers Of Congress; (eth) BY
the.w powers of the President; (9th) by the
power TO declare laws for Furnishing treason, and
{loth) for Furnishing rebels VINO have committed
crimes other than treason.
The first chapter of the work lays down as
principle of law, that the General Government
has, in time of peace, legal right under the Con-
stitution to appropriate to public use the private
property of any subject, or of any number Of SUBJ
jects. owing it allegiance, by providing just in-
demnity therefor; that "publc use" is either the
employment or the destruction of the property
used; that all kinds of property may be so appro-
priated, including slaves, and that slaves may be
made, by law Of Congress, liable to do military
duty. The question of the right of slave-masters
10 indemnity is considered, when slaves are used
for military purposes, under militia laws, or I'M
der naturalization laws
The passages in the Constitution containing the
sTar powers of Congress are cited the danger of
such authority exposed; and it is deduced from
the Ian, &c Of the Constitution that Congress has
the power of abolishing Slavery whenever Slavery,
having ceased TO be merely domestic institution,
has become the means by which great civil war
has been excited, and is nOio su,toined and car
fied 0n,--if such adjustment is fairly required in
order to maintain the "C0uMoN DEFENSE" OF
the country: inasnuch as the Constitution gives
Congress the express power Of passing "a laws
that shall be necessary and proper for the public
welfare and common Defense" and makes it the
sole judge as TO what laws are thus necessary
and proper for these purposes. 1t is also shown
that there is no express restriction in tho Congt-
tuition prohibiting Congress from passing such laws,
the only restrictions in relation 10 Si0rery being
npon STATE legislation.
Mr. Whiting maintains that the claims OF slave
masters upon the labor and service of loyal sub
sects of the IIuitad Ctafoc cannof n-,ort fho Cor