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the Courts, and it must be referred to some particular date. It was effected by the nation and not by the State. The only national act that decreed it was the proclamation of the President, of the 1st of January, 1863. The struggle afterward was merely an effort to prevent the proclamation from being carried into effect, and the total failure of the struggle refers emancipation back to that date." The question afterward arose in this Court, when the date of emancipation seemed to be questioned, although this decision was reaffirmed. But Mr. Justice Peters delivered a dissenting opinion, rearguing for the full validity and effect of the proclamation as of its date. His opinion displays great learning and good sense. In support of his reasoning he cites the case of McIlvaine vs. Coxe, † decided by the United States Supreme Court, where it was held that the Declaration of Independence took effect as of its date, July 4, 1776, instead of September 3, 1783, when independence was officially recognized.

Viewed as to its results, the Emancipation Proclamation was an overshadowing and glorious success. It united the friends of the Union. It threw into despairing forces new life. It brought into the armies of the Union as by magic one hundred and thirty thousand soldiers from the enfranchised race. It was the death-blow to slavery, not only in the sections embraced in the proclamation, but in the other slave-holding States, for these other slave-holding States at once proceeded to adopt constitutional amendments abolishing slavery. It was a finishing stroke to the rebellion. Without the proclamation, is it not safe to presume that the Union would have perished?

Therefore are these conclusions irresistible: that President Lincoln's Emancipation Proclamation was not contrary to international law; that by its own force it abolished slavery as of the date on which it was issued, viz., January 1, 1863; that it was in the strictest sense constitutional; and that no constitutional amendment was necessary to make the proclamation valid or effectual, or to abolish the status of slavery.

The immortal Lincoln was in no sense a smatterer. He was a profound reasoner. He was learned in the law. He studied and understood the Constitution of his country. He did not issue proclamations for sport, or to be hooted at. He did not toy with the mighty concerns of a republic. His every act was governed by * 43 Alabama, 592. † 4 Cranch, 209. 44 Alabama, 70.

the sincerest convictions guided by conscience. He was eminently a statesman. Patriotism and heroism were his crowning virtues. Whatever he did as President was done "to save the Union." AARON A. FERRIS.

[NOTE. In the August number of the "Review" appears a paper on the same subject by Richard H. Dana, wherein the article by Mr. Welling is cordially endorsed. Mr. Dana goes even further than the previous writer, and styles the proclamation as a "nullity" and as "a curiosity of history." Inasmuch as Mr. Dana simply affirms the conclusions of Mr. Welling, it is not deemed necessary to add anything here.]

A. A. F.

INDEX

TO THE

HUNDRED AND THIRTY-FIRST VOLUME

OF THE

North American Review.

Advantages of Free Religious Discussion, | CROSBY, H.
410.

AMMEN, D. The Nicaragua Route to the
Pacific, 440.

Astronomische Nachrichten, 383.
Astronomy, Recent Progress in, 375.
BACON, L. The Observance of the Sab-
bath, 322.

BARTLETT, S. C. The Exodus of Israel, 26.
Bastian, EC. His Brain as an Organ
of Mind, 77.
BEARD, G. M.

Recent Works on the

Brain and Nerves, 278.
Bible, The Coming Revision of the, 447.
Bismarck, Prince, as a Friend of America
and as a Statesman, 1, 157.
BLAIR, M. The Republican Party as it
Was and Is, 422.

BOUTWELL, G. S. The Future of the Re-
publican Party, 475.

Brain, The, as an Organ of Mind. By H.
C. Bastian. Notice of, 277.
BUSCH, M. Prince Bismarck as a Friend
of America, etc., 1, 157.
Campaign of 1862, 332.

Canada and the United States, 14.
Canal, The Panama, 75.
Census Laws, The, 135.

CHARNAY, D. The Ruins of Central Amer-
ica, 89, 185, 301, 431, 519.
Chinese Institutions, The Perpetuity of,
205.

Church Property, The Taxation of, 362.
CLAMPITT, J. W. The Trial of Mrs. Sur-
ratt, 223.

CLARKE, J. F. Rational Sunday Observ-
ance, 496.

Coming Revision of the Bible, 447.
CONGDON, C. T. Recent Literature, 177.
Cowper. By Goldwin Smith. Notice of.

177.

CRANE, T. F. Recent European Publica-
tions, 457.

The Coming Revision of the
Bible, 447.

CURTIUS, E. Discoveries at Olympia, 484.
DANA, R. H. Nullity of the Emancipa-
tion Edict, 138.

Democratic Party, The, judged by its His-
tory, 285.

Die neue Strassburger Sternwarte. Von
A. Winnecke. Notice of, 383.
Discoveries at Olympia, 484.
Distribution of Time, 528.
DOANE, W. C. The Advantages of Free
Religious Discussion, 410.

Dobson, A. His Vignettes in Rhyme, 180.
Dowse, S. His Neurasthenia, 277.
EDISON, T. A. The Success of the Electric
Light, 295.
EDITOR, THE.

Ruined Cities of Central

America, 89.
Electric Light, The Success of the, 295.
Emancipation Edict, Nullity of the, 128.
Emancipation Edict, Validity of the, 551.
English House of Lords, 44.

English Poets, edited by T. W. Ward.
Notice of, 179.

Exodus of Israel, The, 26.

FERRIS, A. A. Validity of the Emancipa-
tion Edict, 551.
FISKE, A. K. Profligacy in Fiction, 79.
FORBES, R. B. Steamboat Disasters, 257.
Future of the Republican Party, 475.
God, The Personality of, 241.
Gyldén, H. His Versuch einer mathema-

tischen Theorie des Lichtwechsels, 380.
HALE, E. E. Insincerity in the Pulpit,
268.

HARDAKER, M. A. The Ethics of Sex, 62.
HARRIS, W. T. The Personality of God,

241.

Harvard College Observatory Report. No-
tice of, 380.

Hase, K. His Miracle Plays and Dramas,
461.

HOLDEN, E. S. Recent Progress in As- | Recent European Publications, 457.

tronomy, 375.

Insincerity in the Pulpit, 268.
Israel, The Exodus of, 26.

JAY, J. Southern Statesmen and their
Policy, 507.

JOHNSON, C. F. The Census Laws, 135.
Law of Newspaper Libel, 109.
LAWRENCE, W. B. The Monarchical Prin-
ciple in our Constitution, 385.
LESSEPS, F. de. The Panama Canal, 75.
Life and Genius of Calderon. Notice of,

461.

Literary Notices, 79, 177, 278, 375, 457.
Lords, The House of, 44.

Mathematische Theorie des Lichtwechsels.
etc. Notice of, 380.

Manzoni's Correspondence with Fauriel.
Notice of, 457.

Maudsley, H. His Pathology of Mind, 277.
Miracle Plays and Sacred Dramas, by K.
Hase. Notice of, 461.

Monarchical Principle, The, in our Consti-
tution, 385.

Moths. By "Ouida." Notice of, 83.
Nana. By E. Zola. Notice of, 79.
Neurasthenia. By S. Dowse. Notice of,
277.

NEWCOMB, S. Principles of Taxation, 142.
Newspaper Libel, The Law of, 109.
Nicaragua Route to the Pacific, 440.
Nullity of the Emancipation Edict, 128.
Observance of the Sabbath, 322.
Observations during Solar Eclipses.
A. C. Ranyard. Notice of, 381.
Olympia, Discoveries at, 484.
"Ouida." Her Moths, 83.
Panama Canal, 75.

By

Pathology of Mind. By H. Maudsley.
Notice of, 277.

Perpetuity of Chinese Institutions, 205.
Personality of God, 241.

PITZER, A. W. Taxation of Church Prop-
erty, 362.

Poems of R. H. Stoddard. Notice of, 181.
Political Situation, The, from a Financial
Standpoint, 464.

Prince Bismarck as a Friend of America
and as a Statesman, 1, 157.
Principles of Taxation, 142.
PROFFATT, J. The Law of Newspaper
bel, 109.

Profligacy in Fiction, 79.
Public-School Failure, The, 537.
Pulpit, Insincerity in the, 268.

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Recent Literature, 79, 278, 457.
Recent Progress in Astronomy, 375.
Recent Works on the Brain and Nerves,
278.

Religious Discussion, Free, Advantages of,

410.

Republican Party, The, as it Was and Is,

422.

Republican Party, The Future of the, 475.
Resultados del Observatorio nacional ar-
gentino, Notice of, 375.

ROGERS, J. E. T. The English House of
Lords, 44.

Ruined Cities of Central America, 89.
Ruins of Central America, 185, 301, 431,
519.

Sabbath Observance, 322.

Sâfarik, A., his Farbenwechsel von Alpha
Ursa majoris, 380.

School, The Public, its Failure, 537.
Sex, The Ethics of, 62.

SMITH, G. Canada and the United States,

14.

Smith, G., his Cowper, 177.

Songs of the Springtides, by A. C. Swin-
burne, Notice of, 183.

Southern Statesmen and their Policy, 507.
Steamboat Disasters, 257.
Stoddard, R. H., his Poems, 181.
STORRS, E. A.

The Democratic Party

judged by its History, 285.

Success of the Electric Light, 295.
Sunday Observance, Rational, 496.
Surratt, Trial of Mrs., 223.

Swinburne, A. C., his Songs of the Spring-
tides, 183.

Taxation of Church Property, 362.
Taxation, Principles of, 142.
Time, the Distribution of, 528.
Trial of Mrs. Surratt, 223.

Ueber den Farbenwechsel, etc., von A. Så-
farik, Notice of, 380.

Ueber die von Swedenborg aufgestellte Kos-
mogonie, Notice of, 378.

Validity of the Emancipation Edict, 551.
Vignettes in Rhyme, by A. Dobson, Notice
of, 180.
WALDO, L. The Distribution of Time,
528.

Li-Ward, T. W., his English Poets, 179.
WHITE, R. G. The Public-School Failure,
537.

Purgatory of Dante Alighieri. Notice of,

462.

Ranyard, A. C., his Observations during Solar Eclipses, 381.

Rational Sunday Observance, 406.

WILLIAMS, S. W., The Perpetuity of Chinese Institutions, 205.

Winnecke, A., his Neue Strassburger Sternwarte, 383.

WRIGHT, D. T. The Campaign of 1862, 332.

Zola, E., his Nana, 79.

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