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 standards, 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.
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