Santa Rosa Sonoma Co California Jany 1st 1864 To His Excellency The President of the U.S.A. Excellent Sir I avail myself of the privalege exercised by the humblest citizen from the earliest ages of Civil Government among Men to address the Execution upon great and important Measures of State policy and especially in times Like these in a Republican Government Then as to the message of your Excellency to Both Houses of Congress, and I cannot give a clearer view of the manner in which it as received by the people of this State (among whom I have been much) than to refer you to the annal message of His Excellency L. Stanford, our Late Governer, and to the Inaugeral of His Excellency F.F. Lowe, our Govr. Elect. These two Documents Indorse to the fullest extent your Excellencys - Message and is most Patriotically endorsed by the people of this State But I have a few remarks to make to Specific parts of the Message. "The policy Emancipation and "employing black Soldiers gives to the future "a new aspect, about which hope, and fear, "and doubt contended in uncertain conflict "according to our political System, as a matter of "civil administration, the general government "had no lawful power to effect emancipation "in any State, and for a long time it had been "hoped that the rebellion could be suppressed "without resorting to it as a Military Measure. It was "all the while deemed possible that the necessity "for it might come, and that if it should, the "crisis of the contest would then be present. "It came; and, as was anticipated, it was followed "by dark and doubtful days. Eleven months "have passed - we are permitted to take another "review. This I most Heartily indorse, when came the necessity in a military point of view, then came the Power which your Excellency has exercised under the law of Nations and the laws of War. Mr Adams in a Speech on the floor of the House on the 14th of April 1842 When War was apprehended between Great Briton and Mexico "Mr Adams Said " I will now tell this House, my constituents "and the world of mankind, that the Resolution "against which I would have voted was "that in which he declares that what are called "the Slave States have the exclusive right "of consultation on the Subject of Slavery. "For that resolution I never would vote; "because I believe that it is not just, and does "not contain constitutional doctrine. "But if they come to the Free States and Say to "them you must help us to keep down our "Slaves, you must aid us in an insurrection "and Civil War, then I Say that with that "call comes a full and plenary power to this "House and to the Senate over the whole Subject. "It is a War power, I say it is a War power; and "when your country is actually in War, wether "it be a War of invasion or a War of insurrection, "Congress has power to carry on the War, and "must carry it on according to the laws of War, "and by the laws of War, an invaded country "has all its laws and municipal institutions "Swept by the board, and martial law takes the "place of them. When the laws of War are in "force, what I ask, is one of those laws? It is this; "that when a country is invaded, and two hostile "Armies are Set in Martial array, The commanders "of both armies have power to emancipate all "Slaves in the invaded teritory. "Slavery was abolished in Columbia, first by the "Spanish General Morillo, and Secondly by the "American General Boliver. It was abolished by "virtue of Military Command given at the head "of the Army, and its abolition continues to be " law to this day. It was abolished by the laws " of War, and not by municipal enactment. " I might furnish a thousand proofs to show " that the pretensions of Gentlemen to the sanctity " of municipal institutions, under a State of actual " invasion and of actual war, whether servile, civil, " or foreign, are wholly unfounded, and that the " laws of war do, in all such cases, take the " precedence, I lay this down as the law of nations " I say that the military authority takes for the time " the place of all municipal institutions, Slavery among " the rest. Under that State of things, so far from " its being true that the States where Slavery exists " have the exclusive management of the Subject, " not only the President of the United States, but the " commander of the Army has power to order the " universal emancipation of the Slaves. I have thus quoted so large from Mr Adams that I might not trouble your Excellency with any other quotations to sustain the full power to Issue the Proclamation. ""No servile insurrection, or tendency " to violation or cruelty, has marked the measures " of emancipation and arming the blacks. " It must be borne in mind that the Copeshu[?] " have attempted to heap the enormities committed " in the Island of San Domingo upon the Heads " of the present Administration as a natural consequence of the Proclemation. But it must be remenbered that the Soil of the Island of Sandomingo was the first ever [was] poluted by the foot of a Slave on the American Continent, and that they were oppressed by the French with the most barberous and Cruel bondage the world ever knew, but they threw off the yoke as best they could and with the means in their Hands Dmr Napoleon in the zenith of his Glory with one of the Finest Armies that ever trod the Soil of France Commanded by his Brother in law from their Isleand declared their Freedom & are free to day. And are a law Loving & law abiding people, So on the Isleand of Barbadoes and Jamaca as well as in all the Central American States and So it will be with our Blacks, released by the proclemation, or the acts Congress. Presidents future plan "There must be a test by which to "Sepperate opposing elements So as to build only from "the Sound, and that test is a Sufficiently liberal one "which accepts as Sound whoever will make a Sworn "recognition of his former unsoundness. "This test Seemes a nucleus [?] arround which "to assemble the civil authority when enough "have taken it to execute the law Suported by the "Military if need be. [*29140*] Presidents future plan. "I may add at this point that while I remain in my "present position I Shall not attempt to retract or "modify the Emancipation Proclamation; nor Shall "I return to Slavery any person who is free by the terms "of the proclamation, or by any act of Congress. For "these and other reasons, it is thought best that the "Support of these persons Shall be included in the "Oath, and it is believed that the Executive may "lawfully claim it in return for pardon and restoration "of forfeited rights, which he has clear constitutional "power to withold altogether, or grant upon "terms which he Shall deem wisest for the public "interest. It Should be observed, also, that this part of "the oath is Subject to the modifying and abrogating "power of legislation and Supreme judicial [power] "decision. This clause in the Policy is [a] most perfectly consistant with the law of nations, the laws of War, and the proclamation itself. This is the most noble, just, and Glorious Sentiment in the future policy. Slavery is the creature of law in this country and cannot exist for one moment without it, and a Man once legally free, is for ever free, and no earthly power can enslave him again except for the punishment of crime, this is not only the law, but the usage of all nations from the days of Egyption bondage down to the last days of Roman bondage, That Man Woman or child once legally free can never be enslaved again. And out of the multitude of Suits instituted in central America after their Independance was acknowledged by the Crown of Spain by Spanish Masters to recover their Slaves Set free by Simon Boliver as a Military necessity, not one was ever Sustained by their civil tribunals. And the Capt General of the ever faithful Isleand of Cuba, to day holds the power under the crown of Spain, by a Single dash of the pen, to abolish Slavery in that Isleand, Should a Military nescessity require it. "The plan for the future, "In the midsts of other cases, however important. We "must not lose sight of the fact that the War power "is Still our main reliance &c. This last item (of the Proclamation) though not least in the plan for the future, meets my hearty approbation, as I have no doubt it will that of the nation, and time will prove the wisdom of its adoption. How long might the Barrons of England plead for justice without Sharing the gliterring Steel, and How long, Oh, how long, might the Fathers of the Revolution plead for eaqual rights at the feet of British power, without using it, and had I of been at the Head of the Mass Regiment in Boltimore at the hurling of the first Missel among my Soldiers. I would [*29141*] cleared the Streets of that Impieous city either by the Supleness of their limbs or with Grape & canister, and then I would of laid every vestage of the city, in ashes, So at Alexandria after the murder of Col. Elsworth, I would of totally Destroyed it. I would of taught them a lesson that would of lasted until the close of this wicked & unholy Rebellion. Then go on as indicated in the Presidants plan "for the future. And as fast as enough is found "Sound to build upon, commence the Structure "Sustain it by disarming all who proves not to "be Sound, Arm the Blacks Set free by the Proclamation "Place them in Depots, to enable the civil power to "execute the Law and keep in Subjection any "turbulent Spirrit that may arise, to disturb "the peace, and depend upon it the Rebellion "will be Subdued and that prolific country "caused to lead and Blossom as the Rose, under "the auspices of Freedom, the Isleand of Jamaca & Barba "as well as central America furnish Examples of what "freed men can and will do Then I again repeat carry out the last inductions in your Excllency's plan for the future, Execute to the letter, the act of Congress & the proclamation of Freedom, and for centuries yet to come Millions of Patriots now unborn will hail with patriotic enthuasum." The Proclamation and declare that it's "author was [the Founder of Freedom." The marvel of the [?]] "Emphaically the founder of Freedom "The marvil of the world "Who burst the fetters of the land "He bade a nation be "He raised the dignity of man "And bid him to be free. With consideration of Respect I remain your Obt Servt. Otho Hinton Otho Hinton Santa Rosa, Cal, Jan. 1, 1864 Essay Transcribed and reviewed by contributors participating in the By The People project at crowd.loc.gov.