WAR POWERS OF CONGRESS: CONFISCATION AND LIBERATION.

SPEECH IN THE SENATE, ON THE HOUSE BILL FOR THE CONFISCATION OF

PROPERTY AND THE LIBERATION OF SLAVES BELONGING TO REBELS, JUNE 27,

1862.

This speech is a supplement to that of May 19th, on the “Rights

of Sovereignty and Rights of War.” Its occasion is explained in

the Introduction to the latter speech.[82]

* * * * *

The New York _Independent_ published it at length, and thus

characterized it:--

“It is the most complete presentation of the question

that can be found within the same compass, and, like all

Mr. Sumner’s speeches, is distinguished for accuracy

of statement, learning, and sound principle. It is a

defence of the present position of our Government, as

defined by Act of Congress, to which every citizen owes

obedience. In efficacy, that Act will go with our armies,

as they advance, and will clear up the perplexities of

our Generals, and clear their minds of certain political

superstitions by which they have been hampered and

hindered, to the great injury of our military operations.

Let the people of Massachusetts, in particular, exult, as

they observe, in regard to this, as well as most other

leading measures of Congress, how the views of their great

Senator became, step by step, the recognized and settled

policy of the Government; and let them thank God that the

good old Bay State has such a representative, and furnishes

such a leader in this great extremity.”

MR. PRESIDENT,--Too tardily the house of a Rebel General in

Virginia[83] has been taken by the Government, and set apart as a

military hospital for the reception of our soldiers, wounded and maimed

in battle. At least three churches here in Washington have been seized

and occupied for the same purpose. All applaud these acts, which

make the house more historic and the churches more sacred than ever

before. But pray, Sir, under what authority is all this? Not according

to any contract or agreement; not according to any “due process of

law”; not even according to any statute. And yet the language of

the Constitution is positive: “No soldier shall in time of peace be

quartered _in any house_, without the consent of the owner; nor in

time of war, but in a manner to be prescribed by law.” If it be time

of peace now, then is the Constitution violated by quartering soldiers

in these houses without the consent of the owner. If it be time of war

now, then is the Constitution violated by quartering these soldiers

in a manner not prescribed by law,--unless we are ready to admit that

the provisions of the Constitution are entirely inapplicable to what

is done under the military requirements of self-defence, which is a

supreme law, above all other laws or constitutions devised by men. But

if the Constitution, in a case where it is singularly explicit, can

be disregarded without question in the exercise of the Rights of War,

it is vain to invoke its provisions in other cases, where it is less

explicit, in restraint of the Rights of War.

It is true that the Constitution ambiguously provides against certain

forfeitures, as incident to an “attainder of treason”; it also

positively prohibits “_ex post facto_ laws”; and it nobly declares that

“no person shall be deprived of life, liberty, or property, without due

process of law.” But nothing in the House bills for the confiscation of

property or the liberation of slaves is obnoxious to either of these

provisions. There is no attainder of treason, no _ex post facto_ law,

and no taking of property without due process of law; for the judicial

proceedings which these bills institute are competent for the purpose.

The House bills are not criminal statutes, nor do they institute

criminal proceedings. Therefore do I assert unhesitatingly that these

bills are above constitutional objection. They are as constitutional

as the Constitution itself. It was once said of a subtile spirit of

criticism, that it would find a heresy in the Lord’s Prayer; and such a

spirit, permit me to say, is needed to find anything unconstitutional

in these bills.

Here I assume, as a cardinal principle of Constitutional Law, that,

whatever may be the condition of slaves in the States and under State

laws, they are, under the Constitution of the United States, _persons_,

and not property; so that, in declaring their emancipation, Congress

is not constrained by any constitutional requirements with regard to

property. Whatever the claims of property, slaves are men; and I but

repeat an unquestionable truth of morals, confirmed by the Declaration

of Independence, when I say that there can be no property in men.

Mr. Winter Davis,[84] of Baltimore, has reminded the country, that

Congress, on the motion of Mr. Clay, once undertook to declare the

freedom of slaves without any “due process of law”; and the present

Congress, by a bill of the last session, setting free slaves actually

employed in the Rebellion,[85] has done the same thing; so that the

principle is completely established.

Even if the bills seemed obnoxious to certain constitutional

provisions,--as they clearly are not,--this objection and every

other objection will disappear, when it is understood that they are

_war measures_, derived from the capacious War Powers of Congress,

applicable only to public enemies, and limited in duration to the

war. Considered in these aspects and with these qualifications, these

bills are only an agency in the prosecution of the war, and the power

to enact them is as clear as the power to raise armies or to levy

taxes. An ancient historian, in words adopted by the greatest modern

publicist, has told us that “war has its laws, no less than peace.”[86]

These words are placed by Grotius at the head of his great work, and

they embody a fundamental principle. The Rights of War are not less

peculiar than the victories of war, which are so widely different from

the victories of peace.

Pray, Sir, where in the Constitution is any limitation of the War

Powers? Let Senators who would limit them mention a single section,

line, or phrase, which even hints at any limitation. If it be

constitutional to make war, to set armies in the field, to launch

navies, to occupy fields and houses, to bombard cities, to kill in

battle,--all without trial by jury, or any process of law, or judicial

proceeding of any kind,--it is equally constitutional, as a war

measure, to confiscate the property of the enemy and to liberate his

slaves. Nor can it be doubted on principle, that, if the latter be

unconstitutional, then are all other acts of war unconstitutional. You

may condemn confiscation and liberation as impolitic, but you cannot

condemn them as unconstitutional, unless, in the same breath, you

condemn all other agencies of war, and resolve our present proceeding

into the process of a criminal court, guarded at each step by the

technicalities of the Common Law.

Sir, I speak frankly, according to my convictions, claiming nothing

for myself which I do not freely accord to others. In this discussion

there is no need of sharp words or of personal allusions; nor can

anything be gained by misstatement of the position of another. It is

easy to say that Senators who insist upon the War Powers of Congress

are indifferent to the Constitution; but I do not admit that any

Senator is more anxious for the Constitution than myself. The War

Powers are derived from the Constitution, but, when once set in motion,

are without any restraint from the Constitution; so that what is done

in pursuance of them is at the same time _under_ the Constitution

and _outside_ the Constitution. It is under the Constitution in its

beginning and origin; it is outside the Constitution in the latitude

with which it is conducted; but, whether under the Constitution or

outside the Constitution, all that is done in pursuance of the War

Powers is constitutional. It is easy to cry out against it; it is easy,

by misapplication of the Constitution, to call it in question; but it

is only by such misapplication, or by senseless cry, that its complete

constitutionality can for a moment be drawn into doubt.

The language of the Constitution is plain and ample. It confers upon

Congress all the specific powers incident to war, and then further

authorizes it “to make all laws which shall be necessary and proper for

carrying into execution the foregoing powers.” Here are the precise

words:--

“The Congress shall have power … to declare war, grant letters

of marque and reprisal, and make rules concerning captures

on land and water; to raise and support armies; … to provide

and maintain a navy; to make rules for the government and

regulation of the land and naval forces; to provide for calling

forth the militia to execute the laws of the Union, suppress

insurrections, and repel invasions; … _to make all laws which

shall be necessary and proper for carrying into execution

the foregoing powers, and all other powers vested by this

Constitution_ in the Government of the United States, or in any

department _or officer thereof_.”

Can language be clearer? Other parts of the Constitution may be open

to question; but here is no room for question. The text is full and

unequivocal. The powers are enumerated. Without stopping to consider

them in detail, it will be seen that the most important are exclusively

incident to a state of war, and not to a state of peace. A declaration

of war is of course war, and “all laws necessary and proper for

carrying into execution” this declaration are called into being by the

war. Rules concerning captures on land and water are from necessity

dormant, till aroused by war; but when aroused, they are, like other

War Powers, without check from those constitutional provisions which,

just so long as peace prevails, are the boast of the citizen.

The War Powers conferred upon Congress by the Constitution were well

known; they had been conferred upon Congress by the earlier Articles of

Confederation. The language of the latter was full and explicit with

regard to captures.

“The United States in Congress assembled shall have the

sole and exclusive right and power of determining on peace

and war, … of establishing rules for deciding in all cases

_what captures on land or water shall be legal_, and in what

manner prizes taken by land or naval forces in the service

of the United States shall be divided or appropriated, … and

establishing courts for receiving and determining finally

_appeals in all cases of captures_.”[87]

The language subsequently employed in the Constitution is identical in

substance. It is evident that the framers of the Constitution had the

Articles of Confederation in mind, when they vested in Congress power

to “make rules concerning captures on land and water.”

The bills now under consideration are obviously founded on the War

Powers. The first section of the first bill begins as follows.

“That all the estate and property, money, stocks, credits,

and effects of the persons hereafter named in this section

are hereby forfeited to the Government of the United States,

_and are declared lawful subjects of seizure, and of prize and

capture, wherever found, for the indemnity of the United States

against the expenses of suppressing the present Rebellion_.”

The Senator must be very hardy who denies the power of Congress, in the

exercise of belligerent rights, to pass such a bill; and he must be

equally hardy, when he insists that belligerent rights are impaired by

any limitations of the Constitution.

If the enemies against whom we now wage war were not our own

fellow-citizens, if they were aliens unhappily fastened for the time on

our territory, there would be no fine-spun question of constitutional

immunity. Such immunities are essentially municipal in character; but

a public enemy can claim nothing merely municipal. The immunities he

enjoys are such only as are conceded by the Rights of War,--nor more,

nor less. As a public enemy, he seeks to subvert our Government, its

laws and its Constitution; and in this warfare he proceeds according to

the Rights of War, indifferent to any mere local law. But if the war on

our part were in accordance with mere local law, and in subordination

to provisions of the Constitution devised for peace, it is evident that

the National Government would be unable to cope with its enemy. It

would enter into battle with hands tied behind the back. Of course, in

warfare with people of another country Senators would not require any

such self-sacrifice.

But the Rights of War are fixed, whether against alien enemies

or against enemies whose hostility is aggravated by the guilt of

rebellion, with this single difference, that against rebel enemies

these rights would seem to be more complete and unsparing. Show me any

Right of War which may be employed against alien enemies, and now, in

the name of the Constitution, I insist upon its employment against

rebels arrayed as enemies. Because enemies are also rebels, they are

not on this account any the less enemies. Because rebels are also

enemies, they are not on this account any the less rebels. The double

character which they bear increases their liabilities, subjecting them

to all the penalties of war enhanced by those personal responsibilities

which every partaker in rebellion necessarily assumes.

And yet, Sir, the Constitution is cited as a limitation upon these

rights. As well cite the Constitution on the field of battle to check

the bayonet charge of our armies, or at the bombardment of a fortress

to stay the fiery rain of shells; or, to adopt the examples with which

I began, as well cite the Constitution to prevent the occupation of

churches here in Washington as hospitals for our soldiers, or to

save the house of General Lee in Virginia from similar dedication.

The Constitution is entirely inapplicable. Sacred and inviolable,

the Constitution is made for friends who acknowledge it, and not

for enemies who disavow it; and it is made for a state of peace,

and not for the fearful exigencies of war, treading down within its

sphere all rights except the Rights of War. Born of violence, and

looking to violence for victory, war discards all limitations except

such as are supplied by the Rights of War. Once begun, war is a law

unto itself,--or, in other words, it has a law of its own, which

is part of itself. And just in proportion as you seek to moderate

it by constitutional limitations do you take from war something of

its efficiency. In vain do you equip our soldiers with the best of

weapons, or send into the field the most powerful batteries, the latest

invention of consummate science, if you direct them all in full career

to stand still for an indictment, or other “due process of law,” or, at

least, for the reading of the Riot Act. Undertaking to limit the Rights

of War by the Constitution, where are you to stop? If the Constitution

can interfere with one, it can interfere with all. If the Constitution

can wrest from Government the weapons of confiscation and liberation,

there is no other weapon in the whole arsenal of war which it may not

take also.

Sir, the Constitution is guilty of no such absurdity. It was made

by practical men, familiar with public law, who, seeing clearly the

difference between peace and war, established powers accordingly. While

circumscribing the Peace Powers with constitutional checks, they left

untouched the War Powers. They declared, that, in the administration

of the Peace Powers, all should be able to invoke the Constitution as

a constant safeguard. But in bestowing upon the Government War Powers

without limitation, they embodied in the Constitution all the Rights of

War as completely as if those rights had been severally set down and

enumerated; and among the first of these is the right to disregard the

Rights of Peace. In saying this I fail in no sympathy with peace, which

I seek and reverence always, but simply exhibit war in some of its

essential conditions. Sir, an alien enemy is not admitted even to sue

in your courts.

There is a saying of Antiquity, already quoted in this debate, _Silent

leges inter arma_,--“The laws are silent in the midst of arms.”[88]

Handed down from distant ages, and repeated by successive generations,

this saying may be accepted as the embodied result and very essence of

human experience. Had it not been true, it would have been forgotten,

or at least ceased to be repeated. But it declares a truth to which

every war practically testifies, while it is founded in reason and the

nature of things, confirmed by centuries as attesting witnesses. The

Constitution itself is only a human law; nor can it claim to speak in

time of war, and within the sphere of war, more than any other human

law.

How vain, then, to adduce against confiscation and liberation, as

war measures, an objection derived from the Constitution! and how

vain, also, to offer a penal statute, under the Peace Powers of the

Constitution, as a war measure! War is war. Better arrest it at once,

if it is to be war on the one side and peace on the other,--if our

enemies are to employ against us all the Rights of War, while we employ

against them only the Rights of Peace. Penal statutes are good for

peace, when laws prevail; but in the midst of war, and against enemies,

when laws are proverbially silent, they are absurd. What enemy now

arrayed in arms can be indicted, or, if indicted, convicted, under the

most stringent of penal statutes? Not Jefferson Davis himself. Why,

then, painfully construct legislative verbiage? Why new penalties for

treason, which, from the nature of the case, cannot be enforced in this

hour of need? Why not see things as they are, and do what the moment

requires? The War Powers of Congress are ample; but in time of war a

mere penal statute against a public enemy is not so much as a pop-gun.

* * * * *

There are Senators who claim these vast War Powers for the

President, and deny them to Congress. The President, it is said, as

commander-in-chief, may seize, confiscate, and liberate under the

Rights of War, but Congress cannot direct these things to be done.

Pray, Sir, where is the limitation upon Congress? Read the text of the

Constitution, and you will find its powers vast as all the requirements

of war. There is nothing that may be done anywhere under the Rights of

War, which may not be done by Congress. I do not mean to question the

powers of the President in his sphere, or of any military commander

within his department; but I claim for Congress all that belongs to

any Government in the exercise of the Rights of War. And when I speak

of Congress, let it be understood that I mean _an Act of Congress_,

passed, according to the requirements of the Constitution, by both

Houses, and approved by the President. It seems strange to claim for

the President alone, in the exercise of his single will, War Powers

alleged to be denied to the President in association with Congress.

If he can wield these powers alone, surely he can wield them in

association with Congress; nor will their efficacy be impaired, when it

is known that they proceed from this associate will, rather than from

his single will alone. The Government of the United States appears most

completely in an Act of Congress. Therefore war is declared, armies are

raised, rules concerning captures are made, and all articles of war

regulating the conduct of war are established by Act of Congress. It

is by Act of Congress that the War Powers are all put in motion. When

once put in motion, the President must execute them. But he is only the

instrument of Congress, under the Constitution.

It is true, the President is commander-in-chief; but it is for Congress

to make all laws necessary and proper for carrying into execution his

powers, so that, according to the very words of the Constitution, his

powers depend upon Congress, which may limit or enlarge them at its own

pleasure. Thus, whether you regard Congress or regard the President,

you will find that Congress is the arbiter and regulator of the War

Powers.

Of the pretension that all these enormous powers belong to the

President, and not to Congress, I try to speak calmly and within

bounds. I mean always to be parliamentary. But a pretension so

irrational and unconstitutional, so absurd and tyrannical, is not

entitled to respect. The Senator from Ohio [Mr. WADE], in indignant

words worthy of the Senate, has branded it as slavish, and handed it

over to judgment. Born in ignorance, and pernicious in consequences,

it ought to be received most sternly, and, just in proportion as it

obtains acceptance, with execration. Such a pretension would change

the National Government from a government of law to that of a military

dictator. It would degrade our proud Constitutional Republic, where

each department has its appointed place, to one of those short-lived,

vulgar despotisms appearing occasionally as a warning to mankind. That

this pretension should be put forward in the name of the Constitution

is only another illustration of the effrontery with which the

Constitution is made responsible for the ignorance, the conceit, and

the passions of men. Sir, in the name of the Constitution, which I

have sworn to support, and which, according to my ability, I mean to

maintain, I protest against this new-fangled effort to foist into it a

pretension abhorrent to liberty, reason, and common sense.

* * * * *

At the risk of repetition, but for the sake of clearness, I repeat the

propositions on which I confidently rest.

1. Rights of Sovereignty are derived from the Constitution, and can be

exercised only in conformity with the requirements of the Constitution;

so that all penal statutes punishing treason must carefully comply with

these requirements. This is the case of the bill introduced by the

Senator from New Hampshire [Mr. CLARK].

2. Rights of War are under the Constitution in their origin, but

outside the Constitution in their execution. In other words, the

Constitution confers Rights of War, but sets no limits to them; so

that statutes to enforce them are not mere penal statutes, restricted

by the Constitution. But these rights belong to a state of war, and

necessarily cease with the war. This is the case of the House bill

under discussion.

3. All rebels are criminals, liable to punishment according to penal

statutes; and in all proceedings against them, as such, they are

surrounded by the safeguards of the Constitution.

4. Rebels in arms are public enemies, who can claim no safeguard from

the Constitution; and they may be pursued and conquered according to

the Rights of War.

5. Rights of War may be enforced by Act of Congress, which is the

highest form of the national will.

If these conclusions needed the support of authority, they would find

it in John Quincy Adams. His words have been often quoted, without

perhaps fully considering the great weight to which they are entitled.

At an early day, when Minister at London, while Slavery prevailed in

the Government, in the discharge of official duties, under instructions

from the President, he claimed compensation for slaves liberated by

the British armies, arguing against any such liberation under the

Rights of War. In conversation with the British Prime-Minister, as

reported by himself, after saying that proclamations inviting slaves

to desert from their masters had been issued by British officers, he

added: “_We_ considered them as deviations from the usages of war.”[89]

Afterwards, as Secretary of State under Mr. Monroe, of Virginia, he

made a similar statement.[90] A full knowledge of his convictions on

this occasion might, perhaps, disclose the repugnance, or, to borrow

his own words on another occasion, “the bitterness of soul,” with

which he discharged his duty. It is known, by avowals afterwards made,

that on at least one occasion he acted as Secretary of State contrary

to his convictions. “It was utterly against my judgment and wishes, but

I was obliged to submit, and I prepared the requisite despatches.”[91]

Such was his open declaration in the House of Representatives with

regard to an important negotiation. So that it is easy to see how on

this other occasion he may have represented the Government and not

himself. But, whatever his actions at that time, it is beyond question,

that afterwards, in his glorious career as Representative, when larger

experience and still maturer years had added to his great authority,

and he was called in Congress to express himself on his personal

responsibility, we find him reconsidering his earlier diplomatic

arguments, and, in the face of the world, defiantly claiming not only

for Congress, but for the President, and every military commander

within his department, full power to emancipate slaves under the

Rights of War. If these words had been hastily uttered, or, if once

uttered, had been afterwards abandoned, or if they could in any way be

associated with the passions or ardors of controversy, as his earlier

words were clearly associated with the duties of advocacy, they might

be entitled to less consideration. But they are among the later and

most memorable utterances of our great master of the Law of Nations,

made under circumstances of peculiar solemnity, and repeated after

intervals of time.[92]

…

The representatives of Slavery broke forth in characteristic outrage

upon the venerable orator, but nobody answered him. And these words

have stood ever since as a landmark of public law. You cannot deny

the power of Congress to liberate the slaves, without removing this

landmark. Vain work! It is not less firm than the Constitution itself.

* * * * *

Thus do I vindicate for Congress all the Rights of War. If, assuming

the powers of Congress, any further question be raised as to the extent

of these rights, I reply, briefly, that there is no right, according to

received authorities, against a hostile sovereign or prince, embracing,

of course, confiscation of property, real as well as personal, which

may not in our discretion be exercised against a rebel enemy; and

the reason is obvious. Whatever the mitigations of the Rights of War

introduced by modern civilization, under which private property in

certain cases is exempt from confiscation, _this rule does not apply

to cases where there is a direct personal responsibility for the war_.

And here is the precise difference between the responsibility of the

sovereign or prince and the responsibility of the private citizen:

the private citizen is excused; but the sovereign or prince is always

held responsible to the full extent of his property, real as well as

personal. Now every rebel who has voluntarily become a public enemy

has assumed a _personal responsibility_, for which, according to

acknowledged principles of public law, especially if he has taken high

office in the rebel government, he is liable to the full extent of his

property, real as well as personal. Every citizen who voluntarily aids

in armed rebellion is a hostile sovereign or prince. A generous lenity

may interfere to limit his liability, but on principles of public law

he is in the very condition of Shylock, when his cruelty was arrested

by the righteous judge:--

“If thou dost shed

One drop of Christian blood, thy lands and goods

Are by the laws of Venice _confiscate_

Unto the State of Venice.”

Such, Sir, is the extent of powers which may be exercised by Congress.

Of course, it is for Congress to determine the degree of severity or

lenity it will adopt. In claiming these powers to the full extent, I

yield to no Senator in that spirit of clemency which, next to justice,

is the grace and ornament of success.

* * * * *

Mr. President, these are the principles on which we must act.

Announcing them and reducing them to practice, Congress will enlarge

its accumulating claims to public gratitude.

The present Congress has already done much beyond any other Congress

in our history. Measures, which for long years seemed attainable

only to the most sanguine hope, have triumphed. Emancipation in the

National Capital; freedom in all the National Territories; the offer

of ransom to help emancipation in the States; the recognition of Hayti

and Liberia; the treaty with Great Britain for the suppression of

the slave-trade; the prohibition of the return of fugitive slaves by

military officers; homesteads for actual settlers on the public lands;

a Pacific railroad; endowments of agricultural colleges out of the

public lands: such are some of the achievements by which the present

Congress is already historic. There have been victories of war, won

on hard-fought fields, but none comparable to the victories of peace.

Besides these measures of unmixed beneficence, the present Congress has

created an immense army and a considerable navy, and has provided the

means for all our gigantic expenditures by a tax, which in itself is an

epoch.

Thus, in the prosecution of the war, Congress has exercised two great

powers,--first, to raise armies, and, secondly, to tax. Both bear

directly upon loyal fellow-citizens everywhere throughout the country.

Sons, brothers, and husbands are taken from happy homes and from the

concerns of business, leaving vacant places, never, perhaps, to be

filled again, and hurried away to wage a fearful war. But beyond this

unequalled draft upon the loyal men of the country, summoning them to

the hazards of battle, there is another unequalled draft upon the loyal

property of the country, presenting a combined draft without precedent

upon men and upon property. If you would find a parallel to the armies

raised, you must go back to the forces marshalled under Napoleon in the

indulgence of unbridled ambition. If you would find a parallel to the

tax, you must go further back, to that early day of which the Gospel,

in its simple narrative, speaks: “And it came to pass in those days

that there went out a decree from Cæsar Augustus, that _all the world_

should be taxed.” A similar decree is about to go out from you,--not,

indeed, to tax all the world, but to tax a large and generous people:

vast, it may be, even for the world. There have been taxes here before;

and in other countries there have been taxes as enormous: but there

has been no such tax here before; and in no other country has any such

tax been levied at once, without the preparation and education of

long-continued taxation.

* * * * *

Confiscation and liberation are other War Powers of Congress, incident

to the general grant of such powers, which it remains for us to employ.

So important are they, that without them I fear all the rest will be in

vain. Yes, Sir, in vain do we gather mighty armies, and in vain do we

tax our people, unless we are ready to grasp these other means, through

which the war can be carried to the homes of the Rebellion: I mean

especially the criminal homes of the authors and leaders of all this

wickedness. By the confiscation of property, the large Rebel estates,

where treason laid its eggs, will be broken up, while by the liberation

of slaves the Rebels will be deprived of an invaluable ally, whether in

labor or in battle. But I confess frankly that I look with more hope

and confidence to liberation than to confiscation. To give freedom is

nobler than to take property, and on this occasion it cannot fail to

be more efficacious, for in this way the rear-guard of the Rebellion

will be changed into the advance-guard of the Union. There is in

confiscation, unless when directed against the criminal authors of the

Rebellion, a harshness inconsistent with that mercy which it is always

a sacred duty to cultivate, and which should be manifest in proportion

to our triumphs, “mightiest in the mightiest.” But liberation is not

harsh, and it is certain, if properly conducted, to carry with it the

smiles of a benignant Providence.

The war began in Slavery, and it can end only with the end of Slavery.

It was set in motion and organized by the Slave Oligarchy, and it

cannot die except with this accursed Oligarchy. Therefore, for the

sake of peace, and to restore the Union, every power should be enlisted

by which Slavery, which is the soul of the war, can be reached. Are

you in earnest? Then strike at Slavery. Liberation is usually known as

a charity; but while none the less a charity, comprehending all other

charities, it is now, in the course of events, _a necessity of war_.

Through liberation alone can we obtain that complete triumph, bringing

with it assured tranquillity, without which the war will stop merely to

break forth anew, and peace will be nothing but an uneasy truce. Among

all the powers of Congress incident to our unparalleled condition,

there is none so far-reaching, as there is none so beneficent,--there

is none so potent to beat down rebellion, as there is none other

by which peace can be made truly secure. Powerful and beautiful

prerogative! The language of Chatham is not misapplied, when I call it

the “master feather of the eagle’s wing.”

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