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Page 24
JOHN QUINCY ADAMS,
OF MASSACHUSETTS. (BORN 1767, DIED 1848.)
ON THE CONSTITUTIONAL WAR POWER OVER SLAVERY
--HOUSE OF REPRESENTATIVES, MAY 25, 1836.
There are, then, Mr. Chairman, in the authority of Congress and of the
Executive, two classes of powers, altogether different in their nature,
and often incompatible with each other--the war power and the peace
power. The peace power is limited by regulations and restricted by
provisions, prescribed within the constitution itself. The war power is
limited only by the laws and usages of nations. The power is tremendous;
it is strictly constitutional, but it breaks down every barrier so
anxiously erected for the protection of liberty, of property, and
of life. This, sir, is the power which authorizes you to pass the
resolution now before you, and, in my opinion, there is no other.
And this, sir, is the reason which I was not permitted to give this
morning for voting with only eight associates against the first
resolution reported by the committee on the abolition petitions; not one
word of discussion had been permitted on either of those resolutions.
When called to vote upon the first of them, I asked only five minutes of
the time of the House to prove that it was utterly unfounded, It was not
the pleasure of the House to grant me those five minutes. Sir, I must
say that, in all the proceedings of the House upon that report, from the
previous question, moved and inflexibly persisted in by a member of
the committee itself which reported the resolutions, (Mr. Owens, of
Georgia,) to the refusal of the Speaker, sustained by the majority of
the House, to permit the other gentleman from Georgia (Mr. Glascock) to
record upon the journal his reasons for asking to be excused from voting
on that same resolution, the freedom of debate has been stifled in this
House to a degree far beyond any thing that ever happened since
the existence of the Constitution of the United States; nor is it a
consolatory reflection to me how intensely we have been made to feel,
in the process of that operation, that the Speaker of this House is a
slaveholder. And, sir, as I was not then permitted to assign my reasons
for voting against that resolution before I gave the vote, I rejoice
that the reason for which I shall vote for the resolution now before the
committee is identically the same with that for which I voted against
that.
[Mr. Adams at this, and at many other passages of this speech, was
interrupted by calls to order. The Chairman of the Committee (Mr. A. H.
Shepperd, of North Carolina,) in every instance, decided that he was not
out of order, but at this passage intimated that he was approaching
very close upon its borders; upon which Mr. Adams said, "Then I am to
under-stand, sir, that I am yet within the bounds of order, but that I
may transcend them hereafter."]
* * * * *
And, now, sir, am I to be disconcerted and silenced, or admonished by
the Chair that I am approaching to irrelevant matter, which may warrant
him to arrest me in my argument, because I say that the reason for which
I shall vote for the resolution now before the committee, levying a
heavy contribution upon the property of my constituents, is identically
the same with the reason for which I voted against the resolution
reported by the slavery committee, that Congress have no authority to
interfere, in any way, with slavery in any of the States of this Union.
Sir, I was not allowed to give my reasons for that vote, and a majority
of my constituents, perhaps proportionately as large as that of this
House in favor of that resolution, may and probably will disapprove my
vote against, unless my reasons for so voting should be explained to
them. I asked but five minutes of the House to give those reasons, and
was refused. I shall, therefore, take the liberty to give them now, as
they are strictly applicable to the measure now before the Committee,
and are my only justification for voting in favor of this resolution.
I return, then, to my first position, that there are two classes of
powers vested by the Constitution of the United States in their Congress
and Executive Government: the powers to be exercised in the time of
peace, and the powers incidental to war. That the powers of peace are
limited by provisions within the body of the Constitution itself, but
that the powers of war are limited and regulated only by the laws and
usages of nations. There are, indeed, powers of peace conferred upon
Congress, which also come within the scope and jurisdiction of the laws
of nations, such as the negotiation of treaties of amity and commerce,
the interchange of public ministers and consuls, and all the personal
and social intercourse between the individual inhabitants of the United
States and foreign nations, and the Indian tribes, which require the
interposition of any law. But the powers of war are all regulated by the
laws of nations, and are subject to no other limitation. It is by this
power that I am justified in voting the money of my constituents for
the immediate relief of their fellow-citizens suffering with extreme
necessity even for subsistence, by the direct consequence of an
Indian war. Upon the same principle, your consuls in foreign ports are
authorized to provide for the subsistence of seamen in distress, and
even for their passage to their own country.
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