The Great Conspiracy, Volume 4

by John Alexander Logan

So, too, in his great speech of May 25, 1836, in the House of Representatives, John Quincy Adams had declared that in "the last great conflict which must be fought between Slavery and Emancipation," Congress "must and will interfere" with Slavery, "and they will not only possess the Constitutional power so to interfere, but they will be bound in duty to do it, by the express provisions of the Constitution itself." And he followed 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 interference, but we will, on the contrary, with an iron hand crush any attempt at insurrection on their part."

On the other hand, the very next day, May 27, 1861, Major-General Butler, in command of the "Department of A Virginia," wrote to Lieutenant-General Scott as follows:

"Since I wrote my last dispatch the question in regard to Slave property is becoming one of very serious magnitude. The inhabitants of Virginia are using their Negroes in the batteries, and are preparing to send the women and children South. The escapes from them are very numerous, and a squad has come in this morning to my pickets bringing their women and children. Of course these cannot be dealt with upon the theory on which I designed to treat the services of able-bodied men and women who might come within my lines, and of which I gave you a detailed account in my last dispatch. I am in the utmost doubt what to do with this species of Property.

"Up to this time I have had come within my lines men and women with their children, entire families, each family belonging to the same owner. I have, therefore, determined to employ, as I can do very profitably, the able-bodied persons in the party, issuing proper food for the support of all, and charging against their services the expense of care and sustenance of the non-laborers, keeping a strict and accurate account as well of the services as of the expenditure, having the worth of the services, and the cost of the expenditure, determined by a Board of Survey, to be hereafter detailed. I know of no other manner in which to dispose of this subject and the questions connected therewith.

"As a matter of Property to the Insurgents, it will be of very great moment, the number that I now have amounting, as I am informed, to what, in good times, would be of the value of sixty thousand dollars. Twelve of these Negroes, I am informed, have escaped from the batteries on Sewall's Point, which, this morning, fired upon my expedition as it passed by out of range. As a means of offense, therefore, in the Enemy's hands, these Negroes, when able-bodied, are of the last importance. Without them the batteries could not have been erected, at least for many weeks.