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The Abolition Of Slavery The Right Of The Government Under The War Power by Various
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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
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