Year: 1862

Emancipation as a War Measure


No person shall be deprived of life, liberty
property, without due process of law; nor shall
private property be taken for public use without just
compensation" CONSTITUTION.


"If ! could save the Union without freeing any
slave Iwoud do 1t; and il could do it by freeing
all the slaves, would do It," president Lincoln.


In your article upon emancipation on the
10th instant, you say:


"We differ from most of the Republicans
and many of the Democrats upon the right
and duty of the President to proclaim emanci-
patton as war measure and we differ, as to
what would be the fruits of such proclama-
tion il it was made"


You then go on to state your objections to
such proclamation. Amongst other objec-
tions you insist, it would be unconstitutional
that the President has no legitimate power to
make it. If this be so then there is an end to
argument. In the present paper, can only
consider this single objection.


The President has no doubt about his power
the Union. He asserts the power in his letter
to Horace Greeley.


You say: Emancipation has been taking
place ever since this war commenced" And
again you say: "If they (the slaves could be
reached, we could only use them as servants
and laborers, and that use we can make OF
them now as fast we can get them. There
is no man in the country ,rho objects to the
government using them as it ,rouid any other
property on the plantation. If they can be
useful in carrying the burdens of soldiers, let
them do that; if in digging trenches, let them
do that. But they do object to the war being
turned from its legitimate object, to the eman-
cipation of black men,"


You here insinuate that the elnancipationists
insist upon making emancipation of black men
the main object of the war. Not many of them,
we think. We agree with you. that the end
and purpose of the war are to put down the
rebellion. But we insist on emancipation, as
measure to save life and property; as the
readiest, if not the only means of restoring the
authority OF the government in all the coun-
try.


You admit that some slaves have been
emancipated during the war, and you do not
object to the government using them. Were
they not emancipated by the military power of
the government? Was it constitutional TO
emancipate them in that manner or not? If
it was constitutional to emancpate those few
slaves by the military power, how can you
show it would be unconstitutional to emanci-
pate Others from time to time in the same way,
or the whole at once?


II you say it was unconstitutional for the
army to emancipate those already emaneipat-
ed, why do you not object to ii? Why do you
not object to the government using them as
laborers? As the shareholders raised this re-
bellion, if the President has a right to use the
army and fire upon them at all, he must loosen
the bonds of many slaves, whether he desires
1t or not. If in the progress of the war all the
Shareholders should be slain in battle, or TAX
en-, tried, convicted and hanged for treason,
the consequence would be the emancipation of
great many slaves.


The President in his letter to Mr.. Greeley is
committed to the doctrine that he has COM
pete military power to emancipate all the
slaves for the sake of saving the Union We
think, from the extracts we have made from
your article, that you stand virtually commit
ted to the same doctrine. Perhaps you may
say that you do not deny the power of eman-
cipation through the army; that you simply
deny the power of the President to proclaim
emancipation. 1t is true such proclamation
can be made completely effectual only through
the army But then the army acts in obedi-
ence to orders. The military power is mani
Tested as much through orders, DEGREES and
proclamations, as by the marching of troops
and the firing Of guns.


Whatever the President may think, or what
ever you may think, has the President the
power he claims?


BY the Constitution, Congress has power ''to
raise and support armies; to provide and
maintain navy; to provide for calling forth
the militia to execute the laws of the Union,
suppress insurrection, and repel invasions;
land also] to make all laws which shall be me-
cessary for carrying into execution the forego-
ing powers, and all other powers vested by
: lthel Constitution, in the government of the
untea States or in any department thereof"


The shareholders refused to obey the laws
determined to overthrow the national govern


in the Newburyport Herald of Sept 18TH was an
ouionaL artcie on tne question of emancipation in
winch 'Ile eaitor chai nged refutaon of his posi-
toDs and this article was written and forwarded in
response TO that challenge, bnt was refused adms-
sion. The proclamation OF President lincoln did
not appear fl day two after the article reached
the Herald Office. 1t is published in the Press by
request of it's author. and several other gentlemen
who appreciated its clearlydcned closely reasoned
and wcll-fortifed propositions.-ED. PRESS