The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-09-14
Expcdicnts foreAbolishins slavery.

I'S A"H~AnoAlsn1nS Slavery.
lst. 1'he Proclamation Of President
Li7acoln.-This proclamation was de-
Tended by President Lincoln as a war
measure. The United States wanted
soldiers; but United States soldiers
could not be made of slaves. In
order to make use of the slaves as
United States soldiers, it was neces-
sary to emancipate them. Hence, to
increase the army of the United
States, for carrying on the war, the
proclamation emancipating the slaves
in the South was put forth.
Putting aside this measure as a war
expedient, limited to the solliery
merely, President Lincoln could have
no authority to emancipate slaves.
The States in rebellion were not om nf
the Union. Secession was illegal and
void. It was an attempt to do what
there was no right to do-and of
course could not alter the institutions
OF q State. Nor could it confer any
authority upon President Lincoln to
emancipate slaves generally in State.
President Lincoln himself, in his in
structions, written by Secretary
Seward, to the United States Ambas
s;ldor in London, distinctly discllim-
ed having any authority to abolish
slavery in Il State. It was on account
of these views, we presume, that the
Democratic Members Of Congress de-
nounced President Lincoln's Procla-
nation, when it came out, us uncon-
'stitutional
I'd. THE s1,rres are "c,osures on
Nand," and, therefore, are cmanci-
pated by the military orders under
the United States authority. This is
the ground taken by Governor John
son, the Provisional Governor over
Georgia, and of Governor Sharkev.
the Provisional Governor over Mis-
sissippi.
The Constitution says, "Conyress
shall have power to make s'uies con-
cerning captures on land and water"
Congress fulfilled the duty which the
Constitution herein prescribcs, and,
many Years since, made ",.ulcS con-
cerning captures on land and water"
But these rules do not embrace slaves
In the States, nor do they consider
slavery in any respect. Captures re-
late to property. The population of
a country are not "cnptw'es." and if
they were, Congress alone, under the
Constitution, can determine what are
captures, or make rules concerning
them. The military orders, therefore,
based upon the presumption that the
President has the power, by the Con
stitution, to determine that slaves are
captures on land,' and to make rules
concerning them, are based on no con-
stitutional authority.
Sd. Tile separate action Of The States
m Meir legislatures or coure,ttio,,s, and
this, after MI, is tie e.cpeeliem on which
the United States authorities rely to
accomplish the object of emancipa-
ton. There are two propositions now
pending to abolish slavery through
the action of the States. The first is
the resolution passed by the Gonu.ess of
the United States ut its list session, pro-
posing to amend tie Constitution, so as
to give to Congress the power to abol-
ish slavery in the States. According
to the Constitution, M1ee5o7uhS Of the
legislatures Of Me Shtt,S must vote for
the amendment, or it will fail. At pre-
sent, twenty-five States have voted for
this amendment to the Constitution,
and three against it-New Jersey, Del
aware and Kentucky. If all the South
ern States now under the military
domination of the United States, vote
against the proposed amendment, it
must fail. And supposing it expo
dlent, that slavery in the Southern
States should be abolished, it could
hardly be wise to give the Congress of
the United States the power Of abol-
lshlng 1t. The abolitionists of the
North In Congress would make a
cotte noi', and use it as :: pretext