New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-06-20
CONVENTIONAL EMANCIPATION

emancipate the slaves in any OF the States Oh
The Union. IL is very closely and cosehsiy
reasoned is based in no respect upon moran
or phanthropic considerations, and discusses
the necessity of the act, and the power OF
Congress to perform it, as legal questions de-
pending for determination on tho application
of established principles Of law to the present
condition of the country and its INSTITUTIONS.
MIR. Owens paper is very narrowly compressed
but we will try to state briefly, yet inteIi'
gby, the main propositions OF has argument
referring in most ca,ea for his methods oil
calculation TO the article Itself.
Mr.. Owen sets out by acknowledging dis
tinc.ly the supremacy OF the Constitution and
the obligation to recognize its dominant author
ity. He does not even invoke what Is known
IA the "war power" impliedly contained IN
that instrument, as the source OF the rlght 10
emancipate. Every doubtful construction or
loose Interpretation is put ASIDE. Whatever
views others may choo,e to advance, Mr.. Owen
seeks no powers outside OF the organic law OF
the Republic, and none within 1t except 'uch
a. may be ascertained on principles OF exam
nation heretofore judcially announced.
The Constitution recognizes slavery MS Sys-
TEN under which one man may have legal
claim to the involuntary labor of another. There
10 nothing in the Constitution which extends
any farther recognition Of Slavery than THE, or
which in any peculiar way guards or euHran-
bas 1 a. A
,ncredness or any immunities which other prop
.r,y does not possess. The claim of tho mas
ter to the service Of bis slave is species Of
property. but il stands in respect to the Con-
s,tuiion like other property. Ii Is subject,
therefore. TO the admitted right of Congress to
take private property for public use on making
Just compensation.
The mex, step in the inquiry ia whetle r
those circumstances now exist IN which II has
become the right aud the duty Of Congress 10
take ana cancel these claims TO service and
labor. The Constitution coniers on Congress
certain powers (hs for instance to collcc! taxes
..,eutinl 10 tie existence of the Government,
aud authorizes il 10 make oil laws that shall
be necessary and proper for carrying into exc
cutiou those power-. lnn'much s they are
essential 10 tho existence of the Government,
# Congress iall. Ia carry them into execution
tho Constitution 10 suhycrted and the Govern
mcnt lAise. into anarchy. Now all in.urrec.
lion exists IN eleven States OF the Ulion IN
cors,qurnce Of which those essential powers
cannot be- carried into execution within those
Slate, and il doe therefore become the duty
# Congress 10 pass all laws that are necessary
aid proper with reference 10 this lnsurFec
ton. to enforce those power. and preserve the
Government 10 which they arc essential
so much Il is necessary Ia ceuccde but ,hc
question remains: Who is 10 judge what laws
nrr necessary and proper for such puFPotc
Tint question has been determined by the Su-
pr,,o, Court OF the United States in the celc.
hrntcd case Of McCuoch '. Maryland, IN
which Ch.rf Justice Marshall delivered the de.
ci.ion. His language Is: " II q certain means
10 carry INTO ciicct any OF the powers eN-
pressly gwen BY the Constitution 10 tue Gov
eminent oi the Union. be- aa appropriate
measure, not prohibited by the Constitution.
the degree OF its necessity IS question
OF legislative discretion, not of Judicial
cognizance." Congress therefore Is 10 judge
whether the means proposed are necessary.
That IT ia equally to judge whether they are
appropriate is thus explicitly declared in that
same opinion: "1he Government which has
right 10 do an act and has imposed upon 1t
the duty OF performing that act, must, accord
ing to the dictates OF reason, be- allowed to
select the means.
Ii is obvious, however, that there must BE-
some relevancy between the power 10 be- en-
execution In this case, the object is tho en-
lorcement in nsurgeut States of certain laws
essential 10 the existence Of the Government,
nLd the suppression of tho inuurrccton in those
States. But it appears that the instruction
prevails, and the laws are resisted, only IN
tLose States in which tbs clnmS 10 service or
labor Tor life OF persons of African descent
recognized by the Constitution, exist; and that
this instruction vas based Oh the assertion
that such claims were not safe under the pres.
ent constItuLlonaliy elected President, aud thu,
the system OF Slavery, OF which these claims
constitute pnrt, can only be- permanently
preserved by the success OF this insurrcction
und the destruction OF the Government. In
other words, the preservation Of Slavery
is the object Of tho Rebellion, and II
Slavery il destroyed, the iusurrcctlon
will no longer have u motive for existence.
There is therefore PLAIN connection and
r,l.vnurv hstxe.n the taking md rnnc.l,no