The War Power

For pro-slavery lawmakers, Adams’ argument struck at the heart of the constitutional defense of slavery. Slaveholders and their political allies had long maintained that the federal government had no right to interfere with the institution. This dogma staked out vital common ground for politicians, allowing a critical mass to work together within their parties and across sectional lines. From at least the Compromise of 1820 to the eve of the Civil War, the dogma of constitutional non-interference helped hold sectionalism at bay. But as early as 1836, Adams showed that the idea was based on false premises, since in times of war, the government undoubtedly retained the right to interfere with slavery. The army could impress slaves, as Andrew Jackson himself had done during the War of 1812, and it could liberate rebellious slaves or slaves of enemy combatants, all under the broad auspices of the war power.