THE WAR IN ITS RELATION TO SLAVERY.

To THE EDITOR OF THE NEW YORK TRIBUNE:

SIR,--Our country is opening up a new page in the history of

governments. The world has never witnessed such a spontaneous

uprising of any people in support of free institutions as that now

exhibited by the citizens of our Northern States. I observe that the

vexed question of slavery still has to be met, both in the Cabinet

and in the field. It has been met by former Presidents, by former

Cabinets, and by former military officers. They have established a

train of precedents that may be well followed at this day. I write

now for the purpose of inviting attention to those principles of

international law which are regarded by publicists and jurists as

proper guides in the exercise of that despotic and almost unlimited

authority called the "war power." A synopsis of these doctrines was

given by Major General Gaines, at New Orleans, in 1838.

General Jessup had captured many fugitive slaves and Indians in

Florida, and had ordered them to be sent west of the Mississippi. At

New Orleans, they were claimed by the owners, under legal process;

but Gen. Gaines, commanding that military district, refused to

deliver them to the sheriff, and appeared in court, stating his own

defence.

He declared that these people (men, women and children) were

captured in wars and held as prisoners of war: that as commander of

that military department or district, he held them subject only to

the order of the National Executive: that he could recognize no other

power in time of war, or by the laws of war, as authorized to take

prisoners from his possession.

He asserted that, in time of war, all slaves were belligerents as

much as their masters. The slave men, said he, cultivate the earth

and supply provisions. The women cook the food, nurse the wounded and

sick, and contribute to the maintenance of the war, often more than

the same number of males. The slave children equally contribute

whatever they are able to the support of the war. Indeed, he well

supported General Butler's declaration, that slaves are contraband of

war.

The military officer, said he, can enter into no judicial

examination of the claim of one man to the bone and muscle of

another as property. Nor could he, as a military officer, know what

the laws of Florida were while engaged in maintaining the Federal

Government by force of arms. In such case, he could only be guided by

the laws of war; and whatever may be the laws of any State, they must

yield to the safety of the Federal Government. This defence of

General Gaines may be found in House Document No. 225, of the Second

Session of the 25th Congress. He sent the slaves West, where they

became free.

Louis, the slave of a man named Pacheco, betrayed Major Dade's

battalion, in 1836, and when he had witnessed their massacre, he

joined the enemy. Two years subsequently, he was captured, Pacheco

claimed him; General Jessup said if he had time, he would try him

before a court-martial and hang him, but would not deliver him to any

man. He however sent him West, and the fugitive slave became a free

man, and is now fighting the Texans. General Jessup reported his

action to the War Department, and Mr. Van Buren, then President, with

his Cabinet, approved it. Pacheco then appealed to Congress, asking

that body to pay him for the loss of his slave; and Mr. Greeley will

recollect that he and myself, and a majority of the House of

Representatives, voted against the bill, which was rejected. All

concurred in the opinion that General Jessup did right in

emancipating the slave, instead of returning him to his master.

In 1838, General Taylor captured a number of negroes said to be

fugitive slaves. Citizens of Florida, learning what had been done,

immediately gathered around his camp, intending to secure the slaves

who had escaped from them. General Taylor told them that he had no

prisoners but "prisoners of war." The claimants then desired to look

at them, in order to determine whether he was holding their slaves as

prisoners. The veteran warrior replied that no man should examine his

prisoners for such a purpose; and he ordered them to depart. This

action being reported to the War Department, was approved by the

Executive. The slaves, however, were sent West, and set free.

In 1836, General Jessup wanted guides and men to act as spies. He

therefore engaged several fugitive slaves to act as such, agreeing to

secure the freedom of themselves and families if they served the

Government faithfully. They agreed to do so, fulfilled their

agreement, were sent West, and set free. Mr. Van Buren's

Administration approved the contract, and Mr. Tyler's Administration

approved the manner in which General Jessup fulfilled it by setting

the slaves free.

In December, 1814, General Jackson impressed a large number of

slaves at and near New Orleans, and kept them at work erecting

defences, behind which his troops won such glory on the 8th of

January, 1815. The masters remonstrated. Jackson disregarded their

remonstrances, and kept the slaves at work until many of them were

killed by the enemy's shots; yet his action was approved by Mr.

Madison and Cabinet, and by Congress, which has ever refused to pay

the masters for their losses.

But in all these cases, the masters were professedly friends of the

Government; and yet our Presidents and Cabinets and Generals have

not hesitated to emancipate their slaves whenever in time of war it

was supposed to be for the interest of the country to do so. This

was done in the exercise of the "war power" to which Mr. Adams

referred in Congress, and for which he had the most abundant

authority. But I think no records of this nation, nor of any other

nation, will show an instance in which a fugitive slave has been sent

back to a master who was in rebellion against the very Government who

held his slave as captive.

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