that conviction comes, I put it forth not as a
dictate of feeling, but as a settled maxim of the laws of nations,
that, in such a case, the military supersedes the civil power; and on
this account I should have been obliged to vote, as I have said,
against one of the resolutions of my excellent friend from Ohio, (Mr.
Giddings,) or should at least have required that it be amended in
conformity with the Constitution of the United States.

THE WAR POWER OVER SLAVERY.

We published, not long ago, an extract from a speech delivered by John
Quincy Adams in Congress in 1842, in which that eminent statesman
confidently announced the doctrine, that in a state of war, civil or
servile, in the Southern States, Congress has full and plenary power
over the whole subject of slavery; martial law takes the place of
civil laws and municipal institutions, slavery among the rest, and
"not only the President of the United States, but the Commander of the
Army, has power to order the universal emancipation of the slaves."

Mr. Adams was, in 1842, under the ban of the slaveholders, who were
trying to censure him or expel him from the House for presenting a
petition in favor of the dissolution of the Union. Lest it may be
thought that the doctrine announced at this time was thrown out
hastily and offensively, and for the purpose of annoying and
aggravating his enemies, and without due consideration, it may be
worth while to show that six years previous, in May, 1836, Mr. Adams
held the same opinions, and announced them as plainly as in 1842.
Indeed, it is quite likely that this earlier announcement of these
views was the cause of the secret hostility to the ex-President, which
broke out so rancorously in 1842. We have before us a speech by Mr.
Adams, on the joint resolution for distributing rations to the
distressed fugitives from Indian hostilities in the States of Alabama
and Georgia, delivered in the House of Representatives, May 25, 1836,
and published at the office of the National Intelligencer. We quote
from it the following classification of the powers of Congress and
the Executive:--

"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 p