The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-08-19
EMANCIPATION.

There are those who believe that the Presi-
dents Proclamation will cease to be of any force
at the close Of the war, and that no slaves will
have any right to their freedom by it except
such as may be actually liberated by the military
authorities.
There are others, who hold that the Procla-
nation has the force OF law,-that by it every
slave within the designated territory has now a
legal right to his liberty, land that if the mills
tary power does not secure that right to him
during the war, he may successfully appeal to
the civil power afterwards.
II the Proclamation is a law, it must be con-
ceded, that, like all the laws OF war; i, will cease
TO be in force when the war is closed. But If,
like legislative act it confers actual rights the
slaves, whether they are able to secure them in
fact or not, then those rights not lost, though
the law cease to exist. On the other hand, if it
confers no actual rights on any one who are be-
yond its reach,-if it is merely an offer of free
dom to all who can come and receive it,-then
those only who do receive it while the offer con-
tinues will have any rights by it when it has
ceased to be in force.
The position of Mr.. Adams on this subject
seems to have been misunderstood When his
remarks in Congress are carefully examined, il
will be found that he did not claim that the prec-
lanation Of a military commander would operate
like statute, TO confer the right Of freedom Hp-
on all the slaves in an invaded country. But he
asserted general principle Of international law,
that the commander of an invading army is
not bound 20 recognize the municipal laws OF the
counry-that he nav treat all as freemen though
some are slaves. And he claimed, that in case
of servile war in this country, our army would
have a right 10 suppress the insurrection by Civ
ing freedom to the insurgents. In regard to the
effect of such a proclamation upon those not
liberated by the military power he expresses no
opinion.
The precedents usually cited are not any more
satisfactory. Ia Hayti, and in the South Amer.
lean Republics, emancipation became an estab-
| shed fact by the action of the civil power. In
each proclamation by the military power
was the initial step; but the consummation was
attained by the fact that the same power after
wards became dominant in civil, as well as in
military affairs.
COnceding that the Proclamation is but dec
laraton of the war policy designed and adapted
10 secure a still higher end the preservation
and perpetuty Of our free institutions lit is still
claimed that the Government has the right 10
pursue this policy until slavery is abolished,
and forever prohibited. within the rebel States
Though speak Of the rebellion as an Sin
stitution," it has assumed such proportions that
] "a
make sny difference that it is a civil war. II has
just been decided Nv the Supreme Court Of the
United States, that We have the same righ IS
against the people and States in rebellion, BY the
law OF nations, that Se have against alien ene-
mics. The property OF non .combatants is liable
to conhscatiOn, as enemies property; and il
makes no difference that some of them are per-
sOnslly loyal All the inhabitants of the rebel
States have the rights OF enemies only. The
recent cases of the Brilliant, Hiawatha, and ANY
Warwick settle this beyond all question. There
was some difference OF opinion among the judg-
IS, but Only on the question whether this condi-
tion preceded the act Of Congress Of July, 1851
"A majority holding that it did. commencing
with the proclamation OF the blockade. s.
! that it cannot be denied that We NAV treat the
rebel States a. enemies, ard adopt all measure:
against Ihem which any beligerents engaged il
a just war may adopt.
And TO principle OF the law Of nations is more
universally admitted than this-that the party il
the right, after the war is commenced. NAV con
tinue to carry it on until the enemy shall submit
TO such terms as will be sufficient indsmuit,
Tor all losses and expenses caused by it, and vii
prevent another war in the future. And TO th
end he may conquer and hold in subjection peo