THE WAR POWER OVER SLAVERY.

We published, not long ago, an extract from a speech delivered by John

Quincy Adams in Congress in 1842, in which that eminent statesman

confidently announced the doctrine, that in a state of war, civil or

servile, in the Southern States, Congress has full and plenary power

over the whole subject of slavery; martial law takes the place of

civil laws and municipal institutions, slavery among the rest, and

"not only the President of the United States, but the Commander of the

Army, has power to order the universal emancipation of the slaves."

Mr. Adams was, in 1842, under the ban of the slaveholders, who were

trying to censure him or expel him from the House for presenting a

petition in favor of the dissolution of the Union. Lest it may be

thought that the doctrine announced at this time was thrown out

hastily and offensively, and for the purpose of annoying and

aggravating his enemies, and without due consideration, it may be

worth while to show that six years previous, in May, 1836, Mr. Adams

held the same opinions, and announced them as plainly as in 1842.

Indeed, it is quite likely that this earlier announcement of these

views was the cause of the secret hostility to the ex-President, which

broke out so rancorously in 1842. We have before us a speech by Mr.

Adams, on the joint resolution for distributing rations to the

distressed fugitives from Indian hostilities in the States of Alabama

and Georgia, delivered in the House of Representatives, May 25, 1836,

and published at the office of the National Intelligencer. We quote

from it the following classification of the powers of Congress and

the Executive:--

"There are, then, Mr. Chairman, in the authority of Congress and of

the Executive, two classes of powers, altogether different in their

nature, and often incompatible with each other--the war power and

the peace power. The peace power is limited by regulations and

restricted by provisions prescribed within the Constitution itself.

The war power is limited only by the laws and usages of nations. This

power is tremendous: it is strictly constitutional, but it breaks

down every barrier so anxiously erected for the protection of

liberty, of property, and of life. This, sir, is the power which

authorizes you to pass the resolution now before you, and, in my

opinion, no other."

After an interruption, Mr. Adams returned to this subject, and went

on to say:--

"There are, indeed, powers of peace conferred upon Congress which

also come within the scope and jurisdiction of the laws of nations,

such as the negotiation of treaties of amity and commerce, the

interchange of public ministers and consuls, and all the personal and

social intercourse between the individual inhabitants of the United

States and foreign nations, and the Indian tribes, which require the

interposition of any law. But the powers of war are all regulated by

the laws of nations, and are subject to no other limitation...It

was upon this principle that I voted against the resolution reported

by the slavery committee, 'that Congress possess no constitutional

authority to interfere, in any way, with the institution of slavery

in any of the States of this Confederacy,' to which resolution most

of those with whom I usually concur, and even my own colleagues in

this House, gave their assent. I do not admit that there is, even

among the peace powers of Congress, no such authority; but in war,

there are many ways by which Congress not only have the authority,

but ARE BOUND TO INTERFERE WITH THE INSTITUTION OF SLAVERY IN THE

STATES. The existing law prohibiting the importation of slaves into

the United States from foreign countries is itself an interference

with the institution of slavery in the States. It was so considered

by the founders of the Constitution of the United States, in which it

was stipulated that Congress should not interfere, in that way, with

the institution, prior to the year 1808.

"During the late war with Great Britain, the military and naval

commanders of that nation issued proclamations, inviting the slaves

to repair to their standard, with promises of freedom and of

settlement in some of the British colonial establishments. This

surely was an interference with the institution of slavery in the

States. By the treaty of peace, Great Britain stipulated to evacuate

all the forts and places in the United States, without carrying away

any slaves. If the Government of the United States had no power to

interfere, in any way, with the institution of slavery in the States,

they would not have had the authority to require this stipulation. It

is well known that this engagement was not fulfilled by the British

naval and military commanders; that, on the contrary, they did carry

away all the slaves whom they had induced to join them, and that the

British Government inflexibly refused to restore any of them to their

masters; that a claim of indemnity was consequently instituted in

behalf of the owners of the slaves, and was successfully maintained.

All that series of transactions was an interference by Congress with

the institution of slavery in the States in one way--in the way of

protection and support. It was by the institution of slavery alone

that the restitution of slaves, enticed by proclamations into the

British service, could be claimed as property. But for the

institution of slavery, the British commanders could neither have

allured them to their standard, nor restored them otherwise than as

liberated prisoners of war. But for the institution of slavery, there

could have been no stipulation that they should not be carried away

as property, nor any claim of indemnity for the violation of that

engagement."

If this speech had been made in 1860 instead of 1836, Mr. Adams

would not have been compelled to rely upon these comparatively

trivial and unimportant instances of interference by Congress and

the President for the support and protection of slavery. For the

last twenty years, the support and protection of that institution has

been, to use Mr. Adams's words at a later day, the vital and

animating spirit of the Government; and the Constitution has been

interpreted and administered as if it contained an injunction upon

all men, in power and out of power, to sustain and perpetuate

slavery. Mr. Adams goes on to state how the war power may be used:--

"But the war power of Congress over the institution of slavery in

the States is yet far more extensive. Suppose the case of a servile

war, complicated, as to some extent it is even now, with an

Indian war; suppose Congress were called to raise armies, to supply

money from the whole Union to suppress a servile insurrection: would

they have no authority to interfere with the institution of slavery?

The issue of a servile war may be disastrous; it may become

necessary for the master of the slave to recognize his emancipation

by a treaty of peace; can it for an instant be pretended that

Congress, in such a contingency, would have no authority to interfere

with the institution of slavery, in any way, in the States? Why, it

would be equivalent to saying that Congress have no constitutional

authority to make peace. I suppose a more portentous case, certainly

within the bounds of possibility--I would to God I could say, not

within the bounds of probability--"

Mr. Adams here, at considerable length, portrays the danger then

existing of a war with Mexico, involving England and the European

powers, bringing hostile armies and fleets to our own Southern

territory, and inducing not only a foreign war, but an Indian, a

civil, and a servile war, and making of the Southern States "the

battle-field upon which the last great conflict will be fought

between Slavery and Emancipation." "Do you imagine (he asks) that

your Congress will have no constitutional authority to interfere with

the institution of slavery, in any way, in the States of this

Confederacy? Sir, they must and will interfere with it--perhaps to

sustain it by war, perhaps to abolish it by treaties of peace; and

they will not only possess the constitutional power so to interfere,

but they will be bound in duty to do it, by the express provisions of

the Constitution itself. From the instant that your slaveholding

States become the theatre of a war, civil, servile, or foreign, from

that instant, the war powers of Congress extend to interference with

the institution of slavery, in every way by which it can be

interfered with, from a claim of indemnity for slaves taken or

destroyed, to the cession of States burdened with slavery to a

foreign power."--New York Tribune.

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