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
"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.
Public-domain text, read in full here on John Shaqi.
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