North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1863-01-07
|. rhe Proclama,lon Of Freeaom."

The character 0f this document was SO
fCliy overshadowed in its September precar
sor that public interest centers more on the
tents. What principally strikes public at
tenton, is the fact that President LINCOLN
has fully and finally committed himsefto
the policy of emancipation. The particular
features of the proclamation which seem de-
serving of remark are these the President
rests the measure on purely military grounds
with distiEctness which did not appear IN
the September proclamation he avows an
intention to receive the emancipa,ed slaves
into The military and naval service Of the
United States aud he recognizes the state.
including Virginia, excepting the forty eight
western counties in such terms as to imply
that they are still C, unies of the State of
Virginia, despite the fact that the day be-
fore Issuing proc amalion he had signed
the DILL for the admission of those counties
into the Union as a new state.
The most imp .rtant question that can
arise relative TO this proclamation respects
its legal effect. Immediate practical effect
il has none the slaves remaining IN precise.
ly the slmc condition as hefnre. They sill
live on the plantations; tenant their accus-
toned novels; obey the command OF their
master or overseer, eating the food he fur
nishes and DONG the work he requires pre-
ciseIy as though Mr.. LINCOLN had not de,
clared them free. Their freedom, then, ii is
clear, is only dor rmaat freedom; il free at
all, they are not actually but only legally
free. ifhe proclamation is of any legal
orce, it is like a deed purpnrrirg to convey
the fee SIMPLE of piece Of property to which
there is an adverse claimant being in actual
possession. The title of The slave to his free
dom is t" be made good by asserting it in a
court of competent jurisdiction. The narure
of the suit is such that the United States
courts have no jurisdiction except by appeal
or on writ, IF errn". The original remedy
of the slave (If he has any is in the local
courts of the state where he has his dnrnlci.
These courts, we know beforehand will not
entertain his snlt. They do not recognize
the validity uf the deer. on which he rests
his claim. So long, therefore, as the present
political and military status continues, the
freedom declared by this proclamation is a
maxim will apply to it that de non dppnren
thus ri de non e.riStenti6uS rQtiO eSf eadem
-iaca> that do not appear are 10 be cIassed
with shuse that d. not exist.
The slaves might, to be sure, take the vim
dica,ion Of their rights into their own hands,
by rising, en- nldSse, against their masters.
But this they could have done any time with
IN the last fifty years with quite as good ad-
vantaees and as strong color "frIght as now.
Mr.. LiNC"LN's paper proclamation is of NJ
more force than the impre>cr'p 'ptable tiile to
freedom born with human being who has
couage and vgor Of character to assert il.
There has never been time when the ne
grues had ST. little TO hope irpm an msurrec-
ton as at Present. The whole South is in
arms. If the slaves were Opposed to run
away, they are hemmcd ih by large armies on
all the utheIn frontiers. Whuher could
they flee ? II, assembling in large bodies,
they should ofter show of violence, what
have they, unarmed against the abundance OF
improved artillery and tirrarms in the hand
Of the superior race. 1t tney resort to the
cf ho b,,W Fhnv
and their little ones to subsst Whatever
small chance thy have of gaining their free
dom is by a serve insurr ciion; but the y
have ten chances to rush on to destruction To
one of escaping from serviuude. 1t IS obvi-
Gus, therefore that for The preoe,1 the proc
lamati"n is imperative an fri..c. Ii ma,
strengthen the resistance Of the rebels, bat il
cannot benefit the slaves.
1t may he SAID that the proclamation estab-
fishes a legal claim to freedom which the
slaves may successfully assert after the militia
ry suhjugarion of the Sour h. But thus knocks
The bottom out Of the proclamation and all
It's contents. The proclamation is issued as
cdr measure !; as all instrument for the sub
juyation of til rebels. But Il a. cannot be a
mems of military success which pre-
>upposes this same military success as
the condition of its own existence
1t cnnfound- all ideas of means and end, to
call emancipation war measure when eman-
cipatlon is obviously unatlainable until after
military resistance is put out of the way
II the war should end in the triumph of the
rebellion the proclamation would, Of Course,
amount to nothing. II the rebellion is sub
dued, the proclamation merely gives a color
able ground for suits for freedom before the
tribunals Of The country. Its VIII lie efficacy
must finally depend ON whether it is suS-
tanned by the courts. That the cour's of
the slave states IN which the suits must orig
nally be brought will not sustain it admits of
no doubt whatever That the Supreme