state constitutions has a clause
of similar purport. The abolition of slavery in the District by
Congress, would not, as we shall presently show; violate this clause
either directly or by implication. Granting for argument's sake, that
slaves are "private property," and that to emancipate them, would be to
"take private property" for "public use," the objector admits the power
of Congress to do _this_, provided it will do something _else_, that is,
_pay_ for them. Thus, instead of denying the _power_, the objector not
only admits, but _affirms_ it, as the ground of the inference that
compensation must accompany it. So far from disproving the existence of
_one_ power, he asserts the existence of _two_--one, the power to take
the slaves from their masters, the other, the power to take the property
of the United States to pay for them.

If Congress cannot constitutionally impair the right of private
property, or take it without compensation, it cannot constitutionally,
_legalize_ the perpetration of such acts, by _others_, nor _protect_
those who commit them. Does the power to rob a man of his earnings, rob
the earner of his _right_ to them? Who has a better right to the
_product_ than the producer?--to the _interest_, than the owner of the
_principal_?--to the hands and arms, than he from whose shoulders they
swing?--to the body and soul, than he whose they are? Congress not only
impairs but annihilates the right of private property, while it
withholds from the slaves of the District their title to _themselves_.
What! Congress powerless to protect a man's right to _himself_, when it
can make inviolable the right to a _dog_! But, waiving this, I deny that
the abolition of slavery in the District would violate this clause. What
does the clause prohibit? The "taking" of "private property" for "public
use." Suppose Congress should emancipate the slaves in the District,
what would it "_take_?" Nothing. What would it _hold_? Nothing. What
would it put to "public use?" Nothing. Instead of _taking_ "private
property," Congress, by abolishing slavery, would say "_private
property_ shall not be taken; and those who have been robbed of it
already, shall be kept out of it no longer; and every man's right to his
own body shall be protected." True, Congress may not arbitrarily take
property, _as_ property, from one man and give it to another--and in the
abolition of slavery no such thing is done. A legislative act changes
the _conditio