llowed this declaration with the equally emphatic words: "From
the instant that your Slave-holding States become the theatre of War
--civil, servile, or foreign--from that instant, the War powers of
Congress extend to interference with the Institution of Slavery in every
Way by which it can be interfered with."
The position thus announced by these expounders of the Constitution--the
one from Virginia, the other from Massachusetts--was not to be shaken
even by the unanimous adoption, February 11, 1861, by the House of
Representatives on roll call, of the resolution of Mr. Sherman, of Ohio,
in these words:
"Resolved, That neither the Congress of the United States nor the people
or governments of the non-Slaveholding States have the Constitutional
right to legislate upon or interfere with Slavery in any of the
Slaveholding States in the Union."
Ex-President J. Q. Adams's cogent exposition of the Constitution,
twenty-five years before, in that same House, demonstrating not only
that Congress had the right but the Constitutional power to so
interfere--and his further demonstration April 15, 1842, of his
statement that under the laws of War, "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"--as not to be overcome by a mere vote of one House, however
unanimous. For the time being, however, it contributed, with other
circumstances, to confuse the public mind and conscience. Indeed as
early as May of 1861, the attitude of our Government and its troops
toward Negro Slaves owned or used by Rebels in rebellious States, began
to perturb the public, bother the Administration, and worry the Military
officers.
For instance, in Major-General McClellan's proclamation to the Union men
of West Virginia, issued May 26, 1861, he said:
"The General Government cannot close its ears to the demand you have
made for assistance. I have ordered troops to cross the river. They
come as your friends and brothers--as enemies only to armed Rebels, who
are preying upon you; your homes, your families, and your property are
safe under our protection. All your rights shall be religiously
respected, notwithstanding all that has been said by the Traitors to
induce you to believe our advent among you will be signalized by an
interference with your Slaves. Understand one thing clearly: not only
will we abstain from all such
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