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The War Power And Slavery

The War Power And Slavery image
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The doctrine ennnciated in the nnnrxed extract firiim a late speech of .T. Q. Ad.mis is of the deeprst inierest, and will be new to many of our readers: - VVlini I say is involnntnry. ber ause the subjpct has'l.een brongnt into il e Hoiife frrm.anothr qnnrtèr, as the gentleman himsdf üdinitp. I wou Ui .enve tliP-t in.titutirn ïothe exclusive considpmfjon and manajrempnt of tiie states moro pecuüarly interest ed in it, jnst as lonp as ihey can koe it with'ii their nwn boiihds. - So fur T af'mit thit congress luis no power As Jong ss ihey do ijo.Í put tlio question 10 the Pecple of tho Umted Staf es, who-'e peace, welfare, aiv.l bappine&g nrp all aL ptn!;e, po lonjr I will agree to leave thom ti thf nise'ves. But when 11 mernber from a free stnte brings forward certnin resoIntions, forwliich, instend ofreasopnijr to di.sprove lus position, you vofe n ennnre npon hiiii, and tliat without 'iearin?, il is quite anotlier a {fair. At the time this wns done, I snid that, os far as I cnuíd imderstand the rpolutins p"-opofi'e'd by the jrentleman from Ohio. (Mr. Giddiiip.=.)'liere wpre eome of them for whicli I was readv to voti, and some which I must vote figninBt; and I w:ll nnw teil this Houtje, my constituents, and the world of mankind, that the re-olution ngainst which 1 wouli! have votl, was that in which Iiedrclarea tliat whatarec lied the sla e sta'es have tlie exclusivn righf of' oünsnl'atioti on the subject of slayery. FortHnt rsolution T never wmld vote, because I believe Ihat it is not jnst, and doos not. contnin constitutional doctrine. Í belifvp Ihat so ]nng as sliivc stales are able to siistnin iheir instilntions wilhont ffdincr abr.)ad r upon other parfs of the Üniori to aid thotn or acl on the subject, so lohg i I consent never to interfere. I have said this. and I reppat it; bnt f they coine to flip free stat s and say to them - Yon must help us keep down our slaves, you must nid us in nn insiirrection and a civil war, tlien Í say. that with Ihat cali comes a ful! nnd pieria ry power to this Houpc and the Senate, ovpr the wholi pnbjecf. It is a war power. I B:iy, it iá a war power: and when yonr couñtrv is acttially in war, wbether it he a wir öf invaaion or a war of 'm?nrrpction, Congress has power to! oarry on the. war, and must enrry it I dinor to the laws of war, and by the Iiiws ni" war an invaded connlry has a its íávrs anfl ' municipal insritmions swept by f he buurd, and ' mnrtial law takes the place of them. This power in cont-rcss has. perhapp, never Iwbii called into exercise under the present ('onstimtion of the U. Srates. But wlen the Inws of war are in forer, what, í nsk. is one of ihose Idwp? ít is this; ihat wiien the country is invnded, and two hostilo arniin-j ur =ot in iparll.'il ;uy, tlo cnunnanderá of both armiea have power 10 emancipnie all the sláves in the invaded terrilory. JN'or i.s this a mere' theoretic statement. The Ilistory South Amorca sliows tliattlie doctrine has been c:irripd into practiral execntion vvithin the last thirly years. Siayery.was abolishpd in CoIrmbiü, firsf, by the Spani.-h General Murillo, and s condl), hy the American Generalvar. It was abuiished by virtu of a inih'tnrv comnmnd piven at the hend of the army, and its abol'üion coniimips to be the luw to tliis day. It w.-is abolished by tiic laws of war, mi not by municipal enactments; the powpr was exerci.-ed by military conimanderí, under instructions of coui-e, from their rf-spective Governments. And itere I reciir ao-ain to tiic pxnmple of General Jacksou. What arö you now oboat in Conrcss? Y"ii nrp nbóut passing1 a grnnt to refunrt to Gejirra! Jackson the uriunt of n certnin fine imposed upon 'litn by ;i Jncgp tinder the láwti of the Sfaie of Lonisinna. Yon are g'üng to refund hm ihe nioney, vvith interest: and ttiis vod are poing to do bccnuse lije iniposition of the rino wasunjusf. And wliy as ii. unj'i? Cecause Goivraí Jackson was actirig under Ihe laws of vnr, and becnuse tlie moment yo )!::cp o militai y cornmandcr n a ilistrict vvhich is tlic t liratre of war, the laws of war apply tn district. I have u correspondence bet ween General Jackson nnd tfie G"vernor ot' Georgia dnrin t!ie Öerninole campnign, in whi.:h Gen. Jackson, addiessinrr Gov. Rn bun, nsserfed tlie principie that ho, as ?(H'ornor ol' ihe state witlijn his (Gen. J.') tnnitíiry división, hm! no rifrht lo pive ;i military order whde he (Gen. Jackson) wns in the field.- The iheu Gu.v. of Georgia (nd I do notknoW but killed the poor man, for he died soi.n ai'ier) did coi'tej-t the power of General Jackson. Uc aid all he ronld f r state righi?, [a tnüghv] hut Andrcur Jackson had givn an o'der, und that order wa6 carriedlnio effect, wliile the order of the governor waá sjppressed. I sav. furlher, thnt the E.vecutive departtnent U not authorizpd to Ilireatcn any ibreigJi narion with wor, berause they have no power to procliim war, nnd bcause that power ü- iimon the mout precions powers held by }hw and the other house of congress, wh, "lindar the Constituí ions are marie ihft trustees of ihr war pnwei of the nat ion - the most solemn trust ihar. c;tn be commitfrc' to human hands. It Wo'inps the House to vindícate its own auihority, and to let the Executivo depurtment knew thnt it i not f' thrcatso ÍQTOigHviili wr. li wni is comiflif, ■ vá esjeciHlty il" tl;cr is immeiü.-itr ilimpef if its oivuutiK-i', mul ïftliè Exrnitivc is nppiised o1' ihf fct, it ik dut y lo ii'Drin Ci)n:rtHS, nnd o.-t-'fciiilly ifiU loue, of fupIi a titate of iIimij:?, uiid refer to !licm tlu ipniiie qntiott uf jiiiihorieinji war - ; questiou iiiv(ilvm.% w licnever i' cmes, the liveí, tlie fortunesanJ the litippiiie.. if miliions.


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