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as determined by the criterion mentioned, but has conducted with a forbearance toward slavery in the Rebel States which has excited the wonder of other nations, and upon which history will record its judgment for remarkable leniency.

Before citing the authorities to sustain the positions taken, let us note the course which the Government has pursued.

FORBEARANCE OF THE GOVERNMENT WITH SLAVERY.

We have given the proof, and the South universally admit the fact, that their resistance to the Government,their "secession,”—was to establish more securely the institution of slavery, which they imagined to be in peril from the Government. Slavery is thus, in a sense well understood, the cause of the rebellion and the war. The President and the party that put him in power were pub licly pledged, previous to his election, and also in his Inaugural Address, not to interfere with slavery where it was lawfully established. The whole South knew of these pledges. They were kept inviolate. The proof of all this we have given. When the rebellion had proceeded so far as actually to fire upon the flag and vessels of the United States in the harbor of Charleston, and when the Government called out forces to put it down, the President and Congress still maintained the principle of non-interference referred to, and uniformly took the ground, and declared by acts, resolutions, and proclamations, the doctrine, that the war was "not waged for any purpose of overthrowing or interfering with the rights or established institutions of the States [meaning thereby, especially, slavery]; but to defend and maintain the supremacy of the Constitution, and to preserve the Union, with all the

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dignity, equality, and rights of the several States unimpaired."*

It was found at length, that, instead of being an element of weakness, as at first supposed, slavery was an element of great strength to the rebellion; indeed, its vital support, as the rebels themselves declared. It was believed, that, as slavery in the Rebel States was in open conflict with the Government, one or the other must be destroyed in the region over which the rebellion held sway. It was then resolved to strike the rebellion in its most efficient support, and thus save the Government from its most deadly enemy. As the Government was clothed with God's authority to sustain itself and put down the rebellion, it was clothed with God's authority to use all neces sary and lawful means to that end. It was, from the nature of the case, constituted, for the time being, the sole judge of the essential means, being responsible to God and the people.t

* These words are from the resolutions passed unanimously by the House of Representatives, July, 1861, offered by Mr. Crittenden, of Kentucky.

+ We do not of course entertain any question that may be raised here, as between the simple power of the President, by Proclamation or otherwise, as Commander-inChief of the Army and Navy, and Congress, touching the jurisdiction of the Executive and Legislative branches of the Government over matters of war. It is by no means essential to the sole point in hand. When we speak of the Government in its attitude toward slavery under the laws of war, we speak simply of the authority of the United States to put down rebellion, whether the particular measures of the war are determined by the President, as Commander-in-Chief, or by the Executive and Legislative branches of the Government together. As a fact, however, Congress has substantially sustained, either tacitly or by direct legislation, all the acts of the Executive in regard to slavery. In a speech made in Chicago, July 14, 1564, by the Hon. Isaac N. Arnold, a member of the present Congress, he says: "On the 18th of January, 1864, I introduced the following bill, which has been embodied substantially in another which passed Congress: Be it enacted, &c., That in all the States and parts of States designated in said Proclamation as in rebellion (the Proclamation against slavery, January 1, 1863), the re-enslaving or holding, or attempting to hold in slavery, any person who shall have been declared free by said Proclamation, or any of their descendants, otherwise than in the punishment of crime, whereof the accused shall have been duly convicted, is and shall be forever prohibited, any law of any State to the contrary notwithstanding." The Executive and Legislativo branches of the Government are thus united in support of that measure.

EMANCIPATION PROCLAMATION.

When the Government determined to strike at slavery, by the Proclamation of September 22, 1862, the war had been going on for a year and a half with varying success. The measure was deemed a necessity, and was adopted, not for the purpose of interfering with slavery, in itself considered, but to put down the rebellion, and as a means solely to that end; the President stating, in this Proclamation, "that hereafter as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and the people thereof in those States in which that relation is, or may be, suspended or disturbed." In this Proclamation, one hundred days were allowed to the people of the States in rebellion to lay down their arms and save the institution harmless; and loyal persons in rebel districts were promised compensation "for all losses by acts of the United States, including the loss of slaves;" a promise which any Congress would have felt bound to redeem. On the nonacceptance of these terms, all slaves in rebel districts to be designated on the 1st of January, 1863, were to be declared free. The terms proposed not having been accepted, the President issued a Proclamation of this date, declaring all slaves within such districts "henceforward free." He here states as before, this, (6 as a fit and necessary war measure for suppressing the rebellion." He enjoins "upon the people so declared to be free, to abstain from all violence, unless in necessary self-defence," and exhorts them to "labor faithfully for reasonable wages;" declares that "such persons of suitable condition will be received into the armed service of the United States;" and concludes thus: "And upon this, sincerely believed to be an act of justice, warranted by the Constitution, upon military ne

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cessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God."

Upon the principles laid down in justification of the Government for attempting the overthrow of slavery as a means for suppressing rebellion, its wonderful forbearance is illustrated in this, that what it finally did on the 1st of January, 1863, after eighteen and a half months of war, it might have done on the 15th of April, 1861, when the President issued his first Proclamation for troops for the same purpose.

ITS FINAL DETERMINATION JUSTIFIED.

We have now to see whether competent authorities sustain the position we have taken. The issue made is reduced to this: to destroy slavery in the Rebel States, in order to overthrow rebellion and restore and maintain the national authority. Is the destruction of slavery a lawful means to that lawful end? Dr. Smyth will not pretend that on this point we have any express revelation in the word of God." For him, therefore, to assert, that "to wage a war of extermination against slavery," is "in itself wicked," and is "rebellion against God," is to assume the whole case.

The present object, to maintain the complete authority and jurisdiction of the Government,-is, by "the word of God," a lawful object; and war, as a means to that end, is, by "the word of God," lawful. But upon the special measures of war for such a purpose, "the word of God" is silent. There is, then, no other course to be taken,no other safe criterion of judgment,-but to fall back upon the laws of war, as seen in the usages of civilized and Christian nations; those principles and usages which they regard as founded in the soundest reason and justice. Here the authorities to sustain the United States Govern

ment in its present course toward slavery in the Rebel States are overwhelming.

These authorities may be reduced to the following points: General principles of the laws of war, as laid down by writers on the laws of nations; the usages of the most enlightened nations under these laws; decisions of national authorities on cases submitted; the practice of military commanders, sustained by their respective Governments; the course of the United States Government in former wars; the opinions of eminent statesmen, and among them statesmen of our own country, uttered in former times, concerning the possible occurrence of just such an emergency as that in which the United States Government now finds itself placed.

The amount of this testimony bears upon two points, all that are essential to the present case: that a nation at war may emancipate the slaves of another nation with which it is at war, as a means to its military success; and that it may use those thus emancipated in its military service.

SUSTAINED BY THE LAWS OF WAR.

In regard to the Laws of War, the general principles to which we refer are sufficiently comprehended in the following points: Standard writers declare, that "war, when duly declared or officially recognized, gives to one belligerent the right to deprive the other of every thing which might add to his strength, and enable him to carry on hostilities." This "general right" is limited by the "law of nations ;" and the limitations, with many things embraced within them, are specified by all standard writers; but among these, slaves are not mentioned. They come under that general designation of "property" which a belligerent may take and use against the enemy. The

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