Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-01-03
THE EMANCIPATION EDICT.


the United States, issued on the LIST instant, in
pursuance Of the purpose announced in his PrOcla-
nation under date Of last September I'D
y In this paper il will be seen that Mr. Lincoln,
by yirtue Of the power which he assumes to be
vested in him as Commander-in-Chie of the Army
and Navy Of the United States, in time of actual
armed rebellion against the authority and Govern
ment of the United States, and as fit and neces-
sary war measure for suppressing said rebellion,
orders and designate" certain States and parts
Of States wherein the people thereof respectively
are In rebellion against the United States" These
States and parts Of States are Arkansas, Texas,
Louisiana, Except certain parishes dcsignated,)
Mississippi, Alabama Florida, Georgia, South
Carolina, North Carolina, and Virginia, with the
exception Of certain designated counties in the lat
ter. In these States and parts of States the Pre-
sident orders and declares that all persons held
as slaves are and henoeforward shall be free and
that the Executive Government of the United
States, including the military and naval authori-
ties thereof, will recognise and maintain the free
dom Of such persons.
The President further eDjoins upon the people
40 declared to be free to abstain from all violence,
unless In necessary self-de(cnce," and "Tecom-
mends to them that in all cases, when allowed,
they labor faithfully for reasonable wages" lie
finally declares and makes known that liberated
slaves of suitable condition will be received into
the armed service Of the United States to garrl-
sou forts, positions stations and other places and
to man vessels Of all sorts in said service"
We have on many previous occasions SO fully
announced our deliberate opinions with regard to
the legal quality and the practical utility of'such
an edict as the President has now actually uttered
that we might hold ourselves justly absolved from
the task Of giving any renewed treatment to the
topics it suggests And if we proceed TO offer any
observations under this head, it is rather from
sense Of propriety due to the opportunity OF the
present publication than because Of any necessity
laid upon us to discuss the edict in either its prin-
ciplss or its probable effects.
In regard to its principles we have only to say
as we said in advance of its publication, that 40
cordipp to our view of constitutional law, the form
Of this proclamation is unfortunate, because the
theory Of Executive power on which it proceeds
involves political solecism of the gravest character
and one which, without at all sacrificing the spb-
stance Of his decree, the President might have
avoided by adopting different style of language
We do not deny that The President, as comman-
der in-chief Of the army and navy, may, in time OF
armed rebellion against the authority and Govern
meut of the United States, and while conducting
war ON slavcholding territory, rightfully lberate
slaves, 60 far as may be necessary to the success OF
his military operations. And the measure OF his
mower ia this direction may be admitted to be
commensurate with the military necessity under
which he acts, and with the extent to Which he can
practically employ in services auxiliary to his ope-
rations the slaves whom he actually liberates
But it is denied by many (and we are OF their
rr.nber) that the Executive department of the
Government has the right to "crder and declare"
that slaves now held to service By pirtue Of GER
tain State laaos shall on a day fixed be then,
theneeforward, and forever free" For this style
Of language proceeds on the assumption that the
Exscut;ye branch of the Government is, because of
tbe enlarged powers conferred upon it 10 the name
cf 90 military necessity" endowed with legi'i'
mate authority to repeal or suspend TIC faes OF
.er,o;u States as respects SLAVERY 1t implies that
the President has paramount de jure control o'fr
he law of slauery, insomuch that he could retain
.bat law in its validity and in its obligation on the
lave from the 22d of last September to the Let OF
January, 1853, and unbind its sanctions after the
latter date.
"A ne understand the matter, there is great
difference between the assumption of this preroga-
tive right, ohich Is lgis1otige IN as nature ana
the emancipation Of slaves as the necessary incl
dent Of actual military operations, or as the consc-
uuence Of legal conviction for tra It is, as
we have already said, to enact political soiecism
for the Executive Government to declare slaves
aec.,lv free where the President has and can have
no legal urisdiction over the law of slavery 1t IS
a Srry into one department the style and language
belonging exclusively to another sphere Of political
ideas.
A single citation from the recent annual message
n the President will serve to show the incongruity
:. yell as inefHcacy of this war measure" In
th.t message, arguing in favor Of his project for
emancipation with compensation to owners, Mr.
sIincoln said
srh liberation of The slaves is the destruction OF pro-
rts-propery acquired by descent or by purchase the
-. 49, a. any other property, aiE n