The Continental Monthly, Vol. 4, No. 6, December 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. 4, No. 6, December 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
But, it is asked, does not rebellion affect the institution of slavery?
Not as a State institution, so far as the municipal law of any State is
concerned. That the slaves of rebels may properly be confiscated, as
other property, seems not only reasonable and right, but also in
accordance with well-settled decisions of the Supreme Court. Moreover,
the Constitution gives to Congress the power to prescribe the punishment
of treason, and undoubtedly the Supreme Court will hold the Confiscation
Act under that power to be constitutional and valid.
But does not the Emancipation Proclamation operate to confer freedom on
all slaves within the rebel States? This question must likewise be
brought to the Supreme Court for adjudication. If the Proclamation can
be shown to have the qualities of a legislative act, doubtless it will
operate as a statute of freedom to all slaves within the districts named
in it. But it must be remembered that the Executive cannot make law. The
Proclamation, as an edict of the military commander, can only operate
upon the condition of such slaves as are in a position to take advantage
of its terms. As such military edict, therefore, it might be of no force
outside of the actual military lines of the United States armies.
But the fact of freedom to many thousands of slaves by reason of this
war, and the inevitable speedy breaking down of the institution of
slavery as one of the consequences to slaveholders of their mad folly,
are beyond dispute, and assure us of the wise Providence of Him who
maketh even the wrath of man to praise Him, and the remainder of wrath
He will restrain.
VIRGINIA.
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