V.
Into the Territories of the United States,—one-third of the surface of the country,—the slave-holding class claimed the right to take and hold their slaves, under the protection of the law: the 37th Congress prohibited slavery for ever in all the existing territory, and in all territory which may hereafter be acquired; thus stamping freedom for all, for ever, upon the public domain.As the war progressed, it became more clearly apparent that the Rebels hoped to win the Border Slave States; that Rebel sympathizers in those States hoped to join the Rebel States; and that emancipation [491] in loyal States would bring repose to them, and weaken the power of the Rebellion: the 37th Congress, on the recommendation of the President, by the passage of a joint resolution, pledged the faith of the nation to aid loyal States to emancipate the slaves therein.
The hoe and spade of the Rebel slave were hardly less potent for the Rebellion than the rifle and bayonet of the Rebel soldier. Slaves sowed and reaped for the Rebels, enabling the Rebel leaders to fill the wasting ranks of their armies, and feed them. To weaken the military forces and the power of the Rebellion, the 37th Congress decreed that all slaves of persons giving aid and comfort to the Rebellion, escaping from such persons, and taking refuge within the lines of the army; all slaves captured from such persons, or deserted by them; all slaves of such persons, being within any place occupied by Rebel forces, and afterwards occupied by the forces of the United States,—shall be captives of war, and shall be forever free of their servitude, and not again held as slaves.
The provisions of the Fugitive-slave Act permitted disloyal masters to claim, and they did claim, the return of their fugitive bondmen: the 37th Congress enacted that no fugitive should be surrendered until the claimant made oath that he had not given aid and comfort to the Rebellion.
The progress of the Rebellion demonstrated its power, and the needs of the imperilled nation. To strengthen the physical forces of the United States, the 37th Congress authorized the President to receive into the military service persons of African descent; and every such person mustered into the service, his mother, his wife, and children, owing service or labor to any person who should give aid and comfort to the Rebellion, was made forever free.