FREE BOOKS

Author's List




PREV.   NEXT  
|<   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73  
74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   >>   >|  
privilege of patents and copyrights? By such acts Congress might, in the exercise of its acknowledged powers, annihilate property to an incalculable amount, and that without becoming liable to claims for compensation. Finally, this clause prohibits the taking for public use of "_property_." The constitution of the United States does not recognize slaves as "PROPERTY" any where, and it does not recognize them in _any sense_ in the District of Columbia. All allusions to them in the constitution recognize them as "persons." Every reference to them points _solely_ to the element of _personality_; and thus, by the strongest implication, declares that the constitution _knows_ them only as "persons," and _will_ not recognize them in any other light. If they escape into free States, the constitution authorizes their being taken back. But how? Not as the property of an "owner," but as "persons;" and the peculiarity of the expression is a marked recognition of their _personality_--a refusal to recognize them as chattels--"persons _held_ to service." Are _oxen "held_ to service?" That can be affirmed only of _persons_. Again, slaves give political power as "persons." The constitution, in settling the principle of representation, requires their enumeration in the census. How? As property? Then why not include race horses and game cocks? Slaves, like other inhabitants, are enumerated as "persons." So by the constitution, the government was pledged to non-interference with "the migration or importation of such _persons_" as the States might think proper to admit until 1808, and authorized the laying of a tax on each "person" so admitted. Further, slaves are recognized as _persons_ by the exaction of their _allegiance_ to the government. For offences against the government slaves are tried as _persons_; as persons they are entitled to counsel for their defence, to the rules of evidence, and to "due process of law," and as _persons_ they are punished. True, they are loaded with cruel disabilities in courts of law, such as greatly obstruct and often inevitably defeat the ends of justice, yet they are still recognized as _persons_. Even in the legislation of Congress, and in the diplomacy of the general government, notwithstanding the frequent and wide departures from the integrity of the constitution on this subject, slaves are not recognized as _property_ without qualification. Congress has always refused to grant compensation for sla
PREV.   NEXT  
|<   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73  
74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   >>   >|  



Top keywords:

persons

 

constitution

 

recognize

 

slaves

 

property

 

government

 
States
 

Congress

 

recognized

 

service


personality
 

compensation

 

person

 

Slaves

 

Further

 

exaction

 

allegiance

 

horses

 
include
 

admitted


pledged

 
importation
 

migration

 

interference

 

proper

 
authorized
 

laying

 
enumerated
 

inhabitants

 

diplomacy


general

 

notwithstanding

 

frequent

 

legislation

 

justice

 

departures

 

refused

 
qualification
 

integrity

 

subject


defeat
 
evidence
 

process

 
defence
 
counsel
 
entitled
 

punished

 

obstruct

 

inevitably

 

greatly