"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."
He cited some precedents from South American history, and continued:—
"Whether the war be servile, civil, or foreign, I lay this down as the law of nations. I say that the military authority takes for the time the place of all municipal institutions, slavery among the rest. Under that state of things, so far from its being true that the States where slavery exists have the exclusive management of the subject, not only the President of the United States but the commander of the army has power to order the universal emancipation of the slaves."
This declaration of constitutional doctrine was made with much positiveness and emphasis. There for many years the matter rested. The principle had been clearly asserted by Mr. Adams, angrily repudiated by the South, and in the absence of the occasion of war there was nothing more to be done in the matter. But when the exigency at last came, and the government of the United States was brought face to face with by far the gravest constitutional problem presented by the great rebellion, then no other solution presented itself save that which had been suggested twenty years earlier in the days of peace by Mr. Adams. It was in pursuance of the doctrine to which he thus gave the first utterance that slavery was forever abolished in the United States. Extracts from the last-quoted speech long stood as the motto of the "Liberator;" and at the time of the Emancipation Proclamation Mr. Adams was regarded as the chief and sufficient authority for an act so momentous in its effect, so infinitely useful in a matter of national extremity. But it was evidently a theory which had taken strong hold upon him. Besides the foregoing speeches there is an explicit statement of it in a letter which he wrote from Washington April 4, 1836, to Hon. Solomon Lincoln, of Hingham, a friend and constituent. After touching upon other topics he says:—
"The new pretensions of the slave representation in Congress of a right to refuse to receive petitions, and that Congress have no constitutional power to abolish slavery or the slave-trade in the District of Columbia, forced upon me so much of the discussion as I did take upon me, but in which you are well aware I did not and could not speak a tenth part of my mind. I did not, for example, start the question whether by the law of God and of nature man can hold property, HEREDITARY property, in man. I did not start the question whether in the event of a servile insurrection and war, Congress would not have complete unlimited control over the whole subject of slavery, even to the emancipation of all the slaves in the State where such insurrection should break out, and for the suppression of which the freemen of Plymouth and Norfolk counties, Massachusetts, should be called by Acts of Congress to pour out their treasures and to shed their blood. Had I spoken my mind on these two points, the sturdiest of the abolitionists would have disavowed the sentiments of their champion."
The projected annexation of Texas, which became a battle-ground whereon the tide of conflict swayed so long and so fiercely to and fro, profoundly stirred Mr. Adams's indignation. It is, he said, "a question of far deeper root and more overshadowing branches than any or all others that now agitate this country.... I had opened it by my speech ... on the 25th May, 1836—by far the most noted speech that I ever made." He based his opposition to the annexation upon constitutional objections, and on September 18, 1837, offered a resolution that "the power of annexing the people of any independent State to this Union is a power not delegated by the Constitution of the United States to their Congress or to any department of their government, but reserved to the people." The Speaker refused to receive the motion, or even allow it to be read, on the ground that it was not in order. Mr. Adams repeated substantially the same motion in June, 1838, then adding "that any attempt by act of Congress or by treaty to annex the Republic of Texas to this Union would be an usurpation of power which it would be the right and the duty of the free people of the Union to resist and annul." The story of his opposition to this measure is, however, so interwoven with his general antagonism to slavery, that there is little occasion for treating them separately.[9]
People sometimes took advantage of his avowed principles concerning freedom of petition to put him in positions which they thought would embarrass him or render him ridiculous. Not much success, however, attended these foolish efforts of shallow wits. It was not easy to disconcert him or to take him at disadvantage. July 28, 1841, he presented a paper of this character coming from sundry Virginians and praying that all the free colored population should be sold or expelled from the country. He simply stated as he handed in the sheet that nothing could be more abhorrent to him than this prayer, and that his respect for the right of petition was his only motive for presenting this. It was suspended under the "gag" rule, and its promoters, unless very easily amused, must have been sadly disappointed with the fate and effect of their joke. On March 5, 1838, he received from Rocky Mount in Virginia a letter and petition praying that the House would arraign at its bar and forever expel John Quincy Adams. He presented both documents, with a resolution asking that they be referred to a committee for investigation and report. His enemies in the House saw that he was sure to have the best of the sport if the matter should be pursued, and succeeded in laying it on the table. Waddy Thompson thoughtfully improved the opportunity to mention to Mr. Adams that he also had received a petition, "numerously signed," praying for Mr. Adams's expulsion, but had never presented it. In the following May Mr. Adams presented another petition of like tenor. Dromgoole said that he supposed it was a "quiz," and that he would move to lay it on the table, "unless the gentleman from Massachusetts wished to give it another direction." Mr. Adams said that "the gentleman from Massachusetts cared very little about it," and it found the limbo of the "table."
To this same period belongs the memorable tale of Mr. Adams's attempt to present a petition from slaves. On February 6, 1837, he brought in some two hundred abolition petitions. He closed with one against the slave-trade in the District of Columbia purporting to be signed by "nine ladies of Fredericksburg, Virginia," whom he declined to name because, as he said, in the present disposition of the country, "he did not know what might happen to them if he did name them." Indeed, he added, he was not sure that the petition was genuine; he had said, when he began to present his petitions, that some among them were so peculiar that he was in doubt as to their genuineness, and this fell within the description. Apparently he had concluded and was about to take his seat, when he quickly caught up another sheet, and said that he held in his hand a paper concerning which he should wish to have the decision of the Speaker before presenting it. It purported to be a petition from twenty-two slaves, and he would like to know whether it came within the rule of the House concerning petitions relating to slavery. The Speaker, in manifest confusion, said that he could not answer the question until he knew the contents of the document. Mr. Adams, remarking that "it was one of those petitions which had occurred to his mind as not being what it purported to be," proposed to send it up to the Chair for inspection. Objection was made to this, and the Speaker said that the circumstances were so extraordinary that he would take the sense of the House. That body, at first inattentive, now became interested, and no sooner did a knowledge of what was going on spread among those present than great excitement prevailed. Members were hastily brought in from the lobbies; many tried to speak, and from parts of the hall cries of "Expel him! Expel him!" were heard. For a brief interval no one of the enraged Southerners was equal to the unforeseen emergency. Mr. Haynes moved the rejection of the petition. Mr. Lewis deprecated this motion, being of opinion that the House must inflict punishment on the gentleman from Massachusetts. Mr. Haynes thereupon withdrew a motion which was so obviously inadequate to the vindictive gravity of the occasion. Mr. Grantland stood ready to second a motion to punish Mr. Adams, and Mr. Lewis said that if punishment should not be meted out it would "be better for the representatives from the slave-holding States to go home at once." Mr. Alford said that so soon as the petition should be presented he would move that it should "be taken from the House and burned." At last Mr. Thompson got a resolution into shape as follows:—
"That the Hon. John Quincy Adams, by the attempt just made by him to introduce a petition purporting on its face to be from slaves, has been guilty of a gross disrespect to this House, and that he be instantly brought to the bar to receive the severe censure of the Speaker."
In supporting this resolution he said that Mr. Adams's action was in gross and wilful violation of the rules of the House and an insult to its members. He even threatened criminal proceedings before the grand jury of the District of Columbia, saying that if that body had the "proper intelligence and spirit" people might "yet see an incendiary brought to condign punishment." Mr. Haynes, not satisfied with Mr. Thompson's resolution, proposed a substitute to the effect that Mr. Adams had "rendered himself justly liable to the severest censure of this House and is censured accordingly." Then there ensued a little more excited speech-making and another resolution, that Mr. Adams,