The Abolition Of Slavery The Right Of The Government Under The War Power
History
The Abolition Of Slavery The Right Of The Government Under The War Power
Slavery -- United States; War and emergency powers -- United States
when a country is invaded, and two hostile armies are set in martial
array, the commanders of both armies have power to emancipate all the
slaves in the invaded territory. Nor is this a mere theoretic
statement. The history of South America shows that the doctrine has
been carried into practical execution within the last thirty years.
Slavery was abolished in Columbia, first, by the Spanish General
Morillo, and, secondly, by the American General Bolivar. It was
abolished by virtue of a military command given at the head of the
army, and its abolition continues to be law to this day. It was
abolished by the laws of war, and not by municipal enactments; the
power was exercised by military commanders, under instructions, of
course, from their respective Governments. And here I recur again to
the example of Gen. Jackson. What are you now about in Congress? You
are about passing a grant to refund to Gen. Jackson the amount of a
certain fine imposed upon him by a Judge, under the laws of the State
of Louisiana. You are going to refund him the money, with interest;
and this you are going to do because the imposition of the fine was
unjust. And why was it unjust? Because Gen. Jackson was acting under
the laws of war, and because the moment you place a military commander
in a district which is the theatre of war, the laws of war apply to
that district.
I might furnish a thousand proofs to show that the pretensions of
gentlemen to the sanctity of their municipal institutions under a
state of actual invasion and of actual war, whether servile, civil
or foreign, is wholly unfounded, and that the laws of war do, in all
such cases, take the precedence. I lay this down as the law of
nations. I say that military authority takes, for the time, the
place of all municipal institutions, and slavery among the rest; and
that, under that state of things, so far from its being true that the
States where slavery exists have the exclusive management of the
subject, not only the President of the United States, but the
Commander of the Army, has power to order the universal emancipation
of the slaves. I have given here more in detail a principle which I
have asserted on this floor before now, and of which I have no more
doubt than that you, sir, occupy that chair. I give it in its
development, in order that any gentleman from any part of the Union
may, if he thinks proper, deny the truth of the position, and may
maintain his denial; not by indignation, not by passion and fury, but
by sound and sober reasoning from the laws of nations and the laws of
war. And if my position can be answered and refuted, I shall receive
the refutation with pleasure; I shall be glad to listen to reason,
aside, as I say, from indignation and passion. And if, by the force
of reasoning, my understanding can be convinced, I here pledge myself
to recant what I have asserted.
Public-domain text, read in full here on John Shaqi.
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