But the powers of war are all regulated by
the laws of nations, and are subject to no other limitation...It
was upon this principle that I voted against the resolution reported
by the slavery committee, 'that Congress possess no constitutional
authority to interfere, in any way, with the institution of slavery
in any of the States of this Confederacy,' to which resolution most
of those with whom I usually concur, and even my own colleagues in
this House, gave their assent. I do not admit that there is, even
among the peace powers of Congress, no such authority; but in war,
there are many ways by which Congress not only have the authority,
but ARE BOUND TO INTERFERE WITH THE INSTITUTION OF SLAVERY IN THE
STATES. The existing law prohibiting the importation of slaves into
the United States from foreign countries is itself an interference
with the institution of slavery in the States. It was so considered
by the founders of the Constitution of the United States, in which it
was stipulated that Congress should not interfere, in that way, with
the institution, prior to the year 1808.
"During the late war with Great Britain, the military and naval
commanders of that nation issued proclamations, inviting the slaves
to repair to their standard, with promises of freedom and of
settlement in some of the British colonial establishments.
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