The Abolition of Slavery | Page 5

than the same
number of males. The slave children equally contribute whatever they
are able to the support of the war. Indeed, he well supported General
Butler's declaration, that slaves are contraband of war.
The military officer, said he, can enter into no judicial examination of
the claim of one man to the bone and muscle of another as property.
Nor could he, as a military officer, know what the laws of Florida were
while engaged in maintaining the Federal Government by force of arms.
In such case, he could only be guided by the laws of war; and whatever
may be the laws of any State, they must yield to the safety of the

Federal Government. This defence of General Gaines may be found in
House Document No. 225, of the Second Session of the 25th Congress.
He sent the slaves West, where they became free.
Louis, the slave of a man named Pacheco, betrayed Major Dade's
battalion, in 1836, and when he had witnessed their massacre, he joined
the enemy. Two years subsequently, he was captured, Pacheco claimed
him; General Jessup said if he had time, he would try him before a
court-martial and hang him, but would not deliver him to any man. He
however sent him West, and the fugitive slave became a free man, and
is now fighting the Texans. General Jessup reported his action to the
War Department, and Mr. Van Buren, then President, with his Cabinet,
approved it. Pacheco then appealed to Congress, asking that body to
pay him for the loss of his slave; and Mr. Greeley will recollect that he
and myself, and a majority of the House of Representatives, voted
against the bill, which was rejected. All concurred in the opinion that
General Jessup did right in emancipating the slave, instead of returning
him to his master.
In 1838, General Taylor captured a number of negroes said to be
fugitive slaves. Citizens of Florida, learning what had been done,
immediately gathered around his camp, intending to secure the slaves
who had escaped from them. General Taylor told them that he had no
prisoners but "prisoners of war." The claimants then desired to look at
them, in order to determine whether he was holding their slaves as
prisoners. The veteran warrior replied that no man should examine his
prisoners for such a purpose; and he ordered them to depart. This action
being reported to the War Department, was approved by the Executive.
The slaves, however, were sent West, and set free.
In 1836, General Jessup wanted guides and men to act as spies. He
therefore engaged several fugitive slaves to act as such, agreeing to
secure the freedom of themselves and families if they served the
Government faithfully. They agreed to do so, fulfilled their agreement,
were sent West, and set free. Mr. Van Buren's Administration approved
the contract, and Mr. Tyler's Administration approved the manner in
which General Jessup fulfilled it by setting the slaves free.

In December, 1814, General Jackson impressed a large number of
slaves at and near New Orleans, and kept them at work erecting
defences, behind which his troops won such glory on the 8th of January,
1815. The masters remonstrated. Jackson disregarded their
remonstrances, and kept the slaves at work until many of them were
killed by the enemy's shots; yet his action was approved by Mr.
Madison and Cabinet, and by Congress, which has ever refused to pay
the masters for their losses.
But in all these cases, the masters were professedly friends of the
Government; and yet our Presidents and Cabinets and Generals have
not hesitated to emancipate their slaves whenever in time of war it was
supposed to be for the interest of the country to do so. This was done in
the exercise of the "war power" to which Mr. Adams referred in
Congress, and for which he had the most abundant authority. But I
think no records of this nation, nor of any other nation, will show an
instance in which a fugitive slave has been sent back to a master who
was in rebellion against the very Government who held his slave as
captive.
From these precedents I deduce the following doctrines:--
1. That slaves belonging to an enemy are now and have ever been
regarded as belligerents; may be lawfully captured and set free, sent out
of the State, or otherwise disposed of at the will of the Executive.
2. That as slaves enable an enemy to continue and carry on the war now
waged against our Government, it becomes the duty of all officers and
loyal citizens to use every proper means to induce the slaves to leave
their masters, and cease lending aid and comfort to the rebels.
3. That in all cases it becomes the duty of