s in the exercise of that despotic and almost unlimited
authority called the "war power." A synopsis of these doctrines was
given by Major General Gaines, at New Orleans, in 1838.

General Jessup had captured many fugitive slaves and Indians in
Florida, and had ordered them to be sent west of the Mississippi. At
New Orleans, they were claimed by the owners, under legal process;
but Gen. Gaines, commanding that military district, refused to
deliver them to the sheriff, and appeared in court, stating his own
defence.

He declared that these people (men, women and children) were
captured in wars and held as prisoners of war: that as commander of
that military department or district, he held them subject only to
the order of the National Executive: that he could recognize no other
power in time of war, or by the laws of war, as authorized to take
prisoners from his possession.

He asserted that, in time of war, all slaves were belligerents as
much as their masters. The slave men, said he, cultivate the earth
and supply provisions. The women cook the food, nurse the wounded and
sick, and contribute to the maintenance of the war, often more 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 Dep