of powers derived from military law. That law,
founded on salus republicae, transcends all
codes, and lies outside of forms and statutes.
John Quincy Adams, almost prophesying as he expounded,
declared, in 1842, that under it slavery might be
abolished. Under it, therefore, Major-General
Fremont, in a recent proclamation, declared the slaves
of all persons within his department, who were in
arms against the Government, to be freemen, and under
it has given title-deeds of manumission. Subsequently
President Lincoln limited the proclamation to such
slaves as are included in the Act of Congress, namely,
the slaves of Rebels used in directly hostile service.
The country had called for Jacksonian courage, and
its first exhibition was promptly suppressed.
If the revocation was made in deference to protests
from Kentucky, it seems, that, while the loyal citizens
of Missouri appeared to approve the decisive measure,
they were overruled by the more potential voice of
other communities who professed to understand their
affairs better than they did themselves. But if,
as is admitted, the commanding officer, in the plenitude
of military power, was authorized to make the order
within his department, all human beings included in
the proclamation thereby acquired a vested title to
their freedom, of which neither Congress nor President
could dispossess them. No conclusive behests
of law necessitating the limitation, it cannot rest
on any safe reasons of military policy. The one
slave who carries his master’s knapsack on a
march contributes far less to the efficiency of the
Rebel army than the one hundred slaves who hoe corn
on his plantation with which to replenish its commissariat.
We have not yet emerged from the fine-drawn distinctions
of peaceful times. We may imprison or slaughter
a Rebel, but we may not unloose his hold on a person
he has claimed as a slave. We may seize all his
other property without question, lands, houses, cattle,
jewels; but his asserted property in man is more sacred
than the gold which overlay the Ark of the Covenant,
and we may not profane it. This reverence for
things assumed to be sacred, which are not so, cannot
long continue. The Government can well turn away
from the enthusiast, however generous his impulses,
who asks the abolition of slavery on general principles
of philanthropy, for the reason that it already has
work enough on its hands. It may not change the
objects of the war, but it must of necessity at times
shift its tactics and its instruments, as the exigency
demands. Its solemn and imperative duty is to
look every issue, however grave and transcendent,
firmly in the face; and having ascertained upon mature
and conscientious reflection what is necessary to
suppress the Rebellion, it must then proceed with inexorable
purpose to inflict the blows where Rebellion is the
weakest and under which it must inevitably fall.