THE WAR IN ITS RELATION TO SLAVERY.
To THE EDITOR OF THE NEW YORK TRIBUNE:
SIR,—Our country is opening up a new page in the history of governments. The world has never witnessed such a spontaneous uprising of any people in support of free institutions as that now exhibited by the citizens of our Northern States. I observe that the vexed question of slavery still has to be met, both in the Cabinet and in the field. It has been met by former Presidents, by former Cabinets, and by former military officers. They have established a train of precedents that may be well followed at this day. I write now for the purpose of inviting attention to those principles of international law which are regarded by publicists and jurists as proper guides in the exercise of that despotic and almost unlimited authority called the "war power." A synopsis of these doctrines was given by Major General Gaines, at New Orleans, in 1838.
General Jessup had captured many fugitive slaves and Indians in Florida, and had ordered them to be sent west of the Mississippi. At New Orleans, they were claimed by the owners, under legal process; but Gen. Gaines, commanding that military district, refused to deliver them to the sheriff, and appeared in court, stating his own defence.
He declared that these people (men, women and children) were captured in wars and held as prisoners of war: that as commander of that military department or district, he held them subject only to the order of the National Executive: that he could recognize no other power in time of war, or by the laws of war, as authorized to take prisoners from his possession.
He asserted that, in time of war, all slaves were belligerents as much as their masters. The slave men, said he, cultivate the earth and supply provisions. The women cook the food, nurse the wounded and sick, and contribute to the maintenance of the war, often more than the same number of males. The slave children equally contribute whatever they are able to the support of the war. Indeed, he well supported General Butler's declaration, that slaves are contraband of war.
The military officer, said he, can enter into no judicial examination of the claim of one man to the bone and muscle of another as property. Nor could he, as a military officer, know what the laws of Florida were while engaged in maintaining the Federal Government by force of arms. In such case, he could only be guided by the laws of war; and whatever may be the laws of any State, they must yield to the safety of the Federal Government. This defence of General Gaines may be found in House Document No. 225, of the Second Session of the 25th Congress. He sent the slaves West, where they became free.
Louis, the slave of a man named Pacheco, betrayed Major Dade's battalion, in 1836, and when he had witnessed their massacre, he joined the enemy. Two years subsequently, he was captured, Pacheco claimed him; General Jessup said if he had time, he would try him before a court-martial and hang him, but would not deliver him to any man. He however sent him West, and the fugitive slave became a free man, and is now fighting the Texans. General Jessup reported his action to the War Department, and Mr. Van Buren, then President, with his Cabinet, approved it. Pacheco then appealed to Congress, asking that body to pay him for the loss of his slave; and Mr. Greeley will recollect that he and myself, and a majority of the House of Representatives, voted against the bill, which was rejected. All concurred in the opinion that General Jessup did right in emancipating the slave, instead of returning him to his master.
In 1838, General Taylor captured a number of negroes said to be fugitive slaves. Citizens of Florida, learning what had been done, immediately gathered around his camp, intending to secure the slaves who had escaped from them. General Taylor told them that he had no prisoners but "prisoners of war." The claimants then desired to look at them, in order to determine whether he was holding their slaves as prisoners. The veteran warrior replied that no man should examine his prisoners for such a purpose; and he ordered them to depart. This action being reported to the War Department, was approved by the Executive. The slaves, however, were sent West, and set free.
In 1836, General Jessup wanted guides and men to act as spies. He therefore engaged several fugitive slaves to act as such, agreeing to secure the freedom of themselves and families if they served the Government faithfully. They agreed to do so, fulfilled their agreement, were sent West, and set free. Mr. Van Buren's Administration approved the contract, and Mr. Tyler's Administration approved the manner in which General Jessup fulfilled it by setting the slaves free.
In December, 1814, General Jackson impressed a large number of slaves at and near New Orleans, and kept them at work erecting defences, behind which his troops won such glory on the 8th of January, 1815. The masters remonstrated. Jackson disregarded their remonstrances, and kept the slaves at work until many of them were killed by the enemy's shots; yet his action was approved by Mr. Madison and Cabinet, and by Congress, which has ever refused to pay the masters for their losses.
But in all these cases, the masters were professedly friends of the Government; and yet our Presidents and Cabinets and Generals have not hesitated to emancipate their slaves whenever in time of war it was supposed to be for the interest of the country to do so. This was done in the exercise of the "war power" to which Mr. Adams referred in Congress, and for which he had the most abundant authority. But I think no records of this nation, nor of any other nation, will show an instance in which a fugitive slave has been sent back to a master who was in rebellion against the very Government who held his slave as captive.
From these precedents I deduce the following doctrines:—
1. That slaves belonging to an enemy are now and have ever been regarded as belligerents; may be lawfully captured and set free, sent out of the State, or otherwise disposed of at the will of the Executive.
2. That as slaves enable an enemy to continue and carry on the war now waged against our Government, it becomes the duty of all officers and loyal citizens to use every proper means to induce the slaves to leave their masters, and cease lending aid and comfort to the rebels.
3. That in all cases it becomes the duty of the Executive, and of all Executive officers and loyal citizens, to aid, assist and encourage those slaves who have escaped from rebel masters to continue their flight and maintain their liberty.
4. That to send back a fugitive slave to a rebel master would be lending aid and assistance to the rebellion. That those who arrest and send back such fugitives identify themselves with the enemies of our Government, and should be indicted as traitors.
J. R. GIDDINGS.
MONTREAL, June 6, 1861.