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