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The Abolition Of Slavery The Right Of The Government Under The War Power by Various
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of those with whom I usually concur, and even my own colleagues in
this House, gave their assent. I do not admit that there is, even
among the peace powers of Congress, no such authority; but in war,
there are many ways by which Congress not only have the authority,
but ARE BOUND TO INTERFERE WITH THE INSTITUTION OF SLAVERY IN THE
STATES. The existing law prohibiting the importation of slaves into
the United States from foreign countries is itself an interference
with the institution of slavery in the States. It was so considered
by the founders of the Constitution of the United States, in which it
was stipulated that Congress should not interfere, in that way, with
the institution, prior to the year 1808.

"During the late war with Great Britain, the military and naval
commanders of that nation issued proclamations, inviting the slaves
to repair to their standard, with promises of freedom and of
settlement in some of the British colonial establishments. This
surely was an interference with the institution of slavery in the
States. By the treaty of peace, Great Britain stipulated to evacuate
all the forts and places in the United States, without carrying away
any slaves. If the Government of the United States had no power to
interfere, in any way, with the institution of slavery in the States,
they would not have had the authority to require this stipulation. It
is well known that this engagement was not fulfilled by the British
naval and military commanders; that, on the contrary, they did carry
away all the slaves whom they had induced to join them, and that the
British Government inflexibly refused to restore any of them to their
masters; that a claim of indemnity was consequently instituted in
behalf of the owners of the slaves, and was successfully maintained.
All that series of transactions was an interference by Congress with
the institution of slavery in the States in one way--in the way of
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