Year: 1863

tic % We EO


From 'he New YORK world.


The Emancipation Proclamation.


The character of this document was 80 fully
foreshadowed in its September precursor that
public interest centers more on the fact of its
issue than on the nature OF its contents What
principally snikes public attention Is the fact
that President Lincoln has fully and finally CON-
mitIed himself 10 the policy oG emancipation.
The particular features of the proclamation
which seem deserving of remark are these: The
President rests the measure purely military
grounds. with distinctneSs which did not appear
in the September procla nation; he avows the in
tention receive the emancipa;-d slaves into the
military aud naval service of the United States;
and he recognizes the State hood aud unity of all
the designated States. including Virginia. except
ing the forty eight Western counties, in such
terms TO impy that they are still counties Of
the State of Virginia. despite the fact that the
day before issuing the proclamation he had sign
ed the bill for the admission of those counties
into the Union a State.


The most important question that can arise rel
alive TO this proclamation respects its legal effect
Immediate PRACTICAL effect it has none; the slaves
remaining in precisely the same condition as be.
fore. They still live on the plantations: tenant
their accustomed novels; obey the command Of
their master or overseer, eating the food he fur
nishes, and doing the work he requires precisely
as-though Mr. Lincoln had not declared them free
Their freedom, then, t is clear, is only dormant
freedom: ii free at all. they are not actually but
only legally rec Ii the proclamation Is OF any
legal force. it is like deed purporting TO convey
the fee simple Of piece of property 70 which
there is adverse claim, the adverse claimant
being in actual possession. The title of the slave
to his freedom is 20 be made good by asserting il
in court Of competent jurisdiction. The nature
of the suit is such that the United States
courts have no jurisdiction except by appeal or
on writ OF error. The original remedy of the
slave (if he has amy Is in the local courts of the
State where he has his dOmicil. Tbece courts We
know beforehand. will not entertain his suit
They do not recognize the validity of the decree
on which he rests his claim. So long therefore,
as the present political aud military status contin-
ues the freedom declared by this DrOcla nation is
dormant, not an actual freedom. The legal
maxim will apply TO il that dc non eBpsrentibus
ct de eIisfeRtbHs ratio est eadem facts that do
not appear TO be claesed with those that do
not exist.


The slaves might. TO be sure. take the vindica-
ton OF the rights into their hands by rising,
en- masse, against their masters. But this they
could have done any time within the last fifty
years with quite good advantages and strong
a color Of right as now. Nj Lincoln's paper
proclamation is Of no more iorce than the i'm
prescriptable title of freedom born with every





character 20 assert H. There has never been a
time hen the negroes had 80 little 20 hope from
an insuuecton at present The whole white
population Of the South is in arms III the slaves
were disposed to away. they are hemmed in
by large armies on all the Southern frontiers.
Whittier could they feeg IT, assembling in large
bodies, they should offer 4 show Of violence
what chance have they. uuarIned. against the
abundance of improved artillery and firearms in
the hands of a superior racer II they resort TO
the torch of the incendiary, how they and
their little ones 60 subsstf Whatever small
Glance they have of gaining their freedom Is by a
servile iHsurrecuOn; but they have ten chances TO
rush on destruction to of escaping from servi-
tude IL is obvious. therefore, that, for the
present. the proclamation Is imperative and
futile. IL may Strengthen the resistance OF the
rebels. bur it cannot benefit the slaves.


IL may be said that the proca mstion estab-
fishes legal claim To freedom which the slaves
NAV successfully assert alter the military suniu-
CATION of the South. But this knocks the bot
tom out Of the pr0elam nation, and sp0ils all its
contents. The proclamation is issued as a war
measure; as an instrument for the sub ugation Of
the rebels But that cannot be means Of mill
tary success which presupposes this same military
success ar the condition of its own existence. IL
conlounJs all ideas of means and ends TO call
emancipation a war measure when emancipation
is obviously unattainable until alter military re
sstance Is put ont OF the way. Ii the war should
end in the triumph OF the rebellion the proclsma-
ton would, of course, amount 10 nothing. Ii the
rebellion is subducd. the proclamation merely
gives colorado ground for suits for freedom
before the tribunals of the country. It's whole
efficacy must finally depend whether t is sus-
tained by the courts. That the counts Of the
slave States in which the suits must originally be
brought, will not sustain IT, admits OF no doubt
whasever. That the Supreme Court Of the Uni
ted States, to which such suits may be carried Cor
final adjudication. will declare the proclamation
void. is also morally certain. Ii is clearly un-
constitutional and wholly void. unless sustainsble
as a war measure. war measure it clearly is
not, inasmuch as the previous success of the war
is the only thing that can give il validity.