This power in
Congress has, perhaps, never been called into exercise under the
present Constitution of the United States. But when the laws of war
are in force, what, I ask, is one of those laws? It is this: that
when a country is invaded, and two hostile armies are set in martial
array, the commanders of both armies have power to emancipate all the
slaves in the invaded territory. Nor is this a mere theoretic
statement. The history of South America shows that the doctrine has
been carried into practical execution within the last thirty years.
Slavery was abolished in Columbia, first, by the Spanish General
Morillo, and, secondly, by the American General Bolivar. It was
abolished by virtue of a military command given at the head of the
army, and its abolition continues to be law to this day. It was
abolished by the laws of war, and not by municipal enactments; the
power was exercised by military commanders, under instructions, of
course, from their respective Governments. And here I recur again to
the example of Gen. Jackson. What are you now about in Congress? You
are about passing a grant to refund to Gen. Jackson the amount of a
certain fine imposed upon him by a Judge, under the laws of the State
of Louisiana. You are going to refund him the money, with interest;
and this you are going to do because the imposition of the fine was
unjust.
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