Year: 1862

We make the following liberal extrac


from receat pamphlet written by tn


Hon. Benjamin r. Curtis, OF Boston
late justice of the United States Supreme
Court, and the distinguished author o
the mastery dissenting opinion in th'


Dred Scott case:


The Proclamation of Emancipation
if taken to mean what in terms it asserts
is an executive decree that on the frs
day of January next all persons held a.
slaves, within such States or parts o
States, as shall then be designated, shall
cease to be lawfully held to service, and
may by their own efforts and with the
aid of the military power of the United
States, vindicate their lawful rights to
their personal freedom.


The persons who are the subjects Of this
proclamation are held to service by the
laws of the respective States in which
they eside, enacted by State authority
as clear and unquestionable, under on,
system of government, as any law pass
ed by any State on any subject.


This proclamation, then, by an execu
tive decree, proposes to repeal and annul
valid State laws which regulate the do
mestic relations of their people. Such
is the mode of operation of the decree.


The next observable characteristic is
that this executive decree holds out this
proposed repeal Of state laws as threat
ened penalty for the continuance of a
governing majority of the people of each
State, or part of State, in rebellion
against the United States so that the Pres
dent hereby assumes to himself the pow.
er to denounce it as a punishment against
the entire people of State, which regu-
late the domestic condition of its inhab-
itants, shall become null and void, at a
certain future date, by reason of the Grim
inal condition of a governing ma ority OF
its people.


This penalty however it should be OBJ
served, is not to be inflicted on those per
sons who have been guilty of treason.-
The freedom of their slaves was already
provided for by act of Congress recited
in subsequent part of the proclamation.
1t is not, therefore as punishment Of
guilty persons that the commander in
chief DEGREES the freedom of slaves of
loyal persons, or of those who, from their
tender years or other disability, cannot
be either disloyal or otherwise, that the
proclamation is to operate, if at all; and it
is to operate to set them free, in spite of
the valid laws of their States. because
majority Of the legal voters do not send
representatives to Congress.


Now it is easy to understand how per-
sons held to service under the laws of
these States, and how the army and navy,
under the orders of the President, may
overturn these valid laws of the States
Just as it is easy that any, law may be vio-
lated 6yphysicot force, But do not un-
derstand it to be the purpose of the Pres
ident to incite part of the inhabitants
of the Uuited States to rise in insurrec.
tion against valid laws, but that, by vir-
tue of some power which he possesses he
proposes to annul tho ;e laws so that they
ave no longer to have any operation.


The second proclamation and the or
dcrs of the Secretary Of War which fol-
low it, place every citizen of the United
States under the direct military command
and control of the President They de-
clare and define new oifenses, not known
to any law of the United States. They
subject all citizens to be imprisoned un-
der military order at the pleasure of the
President, when, where, and so long as
he, or whoever is acting for him, may
choose. They hold the citizen to trial
before a commission appointed by tie
President, or his representative, for such
acts. or omissions as the President may
think proper to decree to be offensive; and
they subject him to any penalty such com
mission may please to inact. They create
new offices, in such number, and whose
occupants are to receive such compensa-
tions as the President may direct aud the
holders Of these offices scattered through