Forced Emancipation concluded.--Emancipation Acts of President
Lincoln.--Emancipation with Compensation proposed to Border
States.--Reasons urged for it.--Its Unconstitutionality.--Order of
General Hunter.--Revoked by President Lincoln.--Reasons.--"The
Pressure" on him.--One Cause of our Secession.--The Time to throw
off the Mask at Hand.--The Necessity that justified the President
and Congress also justified Secession.--Men united in Defense of
Liberty called Traitors.--Conference of President Lincoln with
Senators and Representatives of Border States.--Remarks of Mr.
Lincoln.--Reply of Senators and Representatives.--Failure of the
Proposition.--Three Hundred Thousand more Men called for.--
Declarations of the Antislavery Press.--Truth of our
Apprehensions.--Reply of President Lincoln.--Another Call for
Men.--Further Declarations of the Antislavery Press.--The Watchword
adopted.--Memorial of So-called Christians to the President.--Reply
of President Lincoln.--Issue of the Preliminary Proclamation of
Emancipation.--Issue of the Final Proclamation.--The Military
Necessity asserted.--The Consummation verbally reached.--Words of
the Declaration of Independence.--Declarations by the United States
Government of what it intended to do.--True Nature of the Party
unveiled.--Declarations of President Lincoln.--Vindication of the
Sagacity of the Southern People.--His Declarations to European
Cabinets.--Object of these Declarations.--Trick of the Fugitive
Thief.--The Boast of Mr. Lincoln calmly considered.
The attention of the reader is now invited to a series of usurpations
in which the President of the United States was the principal actor.
On March 6, 1862, he began a direct and unconstitutional interference
with slavery by sending a message to Congress recommending the
adoption of a resolution which should declare that the United States
ought to coöperate with any State which might adopt the gradual
abolition of slavery, giving to such State pecuniary aid, to be used
by such State in its discretion, to compensate for the inconvenience,
public and private, produced by such change of system. The reason
given for the recommendation of the adoption of the resolution was
that the United States Government would find its highest interest in
such a measure as one of the most important means of self-preservation.
He said, in explanation, that "the leaders of the existing rebellion
entertain the hope that this Government will ultimately be forced to
acknowledge the independence of some part of the disaffected region,
and that all the slave States north of such part will then say, 'The
Union for which we have struggled being already gone, we now choose to
go with the Southern section.' To deprive them of this hope
substantially ends the rebellion, and the initiation of emancipation
deprives them of it and of all the States initiating it."
When it was asked where the power was found in the Constitution to
appropriate the money of the people to carry out the purposes of the
resolution, it was replied that the legislative department of the
Government was competent, under these words in the preamble of the
Constitution, "to provide for the general welfare," to do anything
and everything which could be considered as promoting the general
welfare. It was further said that this measure was to be consummated
under the war power; that whatever was necessary to carry on the war
to a successful conclusion might be done without restraint under the
authority, not of the Constitution, but as a military necessity. It
was further said that the President of the United States had thus far
failed to meet the just expectations of the party which elected him
to the office he held; and that his friends were to be comforted by
the resolution and the message, while the people of the border slave
States could not fail to observe that with the comfort to the North
there was mingled an awful warning to them. It was denied by the
President that it was an interference with slavery in the States. It
was an artful scheme to awaken a controversy in the slave States, and
to commence the work of emancipation by holding out pecuniary aid as
an inducement. In every previous declaration the President had said
that he did not contemplate any interference with domestic slavery
within the States. The resolution was passed by large majorities in
each House.
This proposition of President Lincoln was wholly unconstitutional,
because it attempted to do what was expressly forbidden by the
Constitution. It proposed a contract between the State of Missouri
and the Government of the United States which, in the language of the
act, shall be "irrepealable without the consent of the United
States." The words of the Constitution are as follows:
"No State shall enter into any treaty, alliance, or confederation,
grant letters of marque and reprisal, coin money, etc." [52]
This is a prohibition not only upon the power of one State to enter
into a compact, alliance, confederation, or agreement with another
State, but also with the Government of the United States.
Again, if the State of Missouri could enter into an irrepealable
agreement or compact with the United States, that slavery should not
therein exist after the acceptance on the part of Missouri of the
act, then it would be an agreement on the part of that State to
surrender its sovereignty and make the State unequal in its rights of
sovereignty with the other States of the Union. The other States
would have the complete right of sovereignty over their domestic
institutions while the State of Missouri would cease to have such
right. The whole system of the United States Government would be
abrogated by such legislation. Again, it is a cardinal principle of
the system that the people in their sovereign capacity may, from time
to time, change and alter their organic law; and a provision
incorporated in the Constitution of Missouri that slavery should
never thereafter exist in that State could not prevent a future
sovereign convention of its people from reestablishing slavery within
its limits.
It will be observed, from what has been said in the preceding pages,
that the usurpations by the Government of the United States, both by
the legislative and executive departments, had not only been
tolerated but approved. Feeling itself, therefore, fortified in its
unlimited power from "necessity," the wheels of the revolution were
now to move with accelerated velocity in their destructive work.
Accordingly, a manifesto soon comes from the Executive on universal
emancipation. On April 25, 1862, the United States Major-General
Hunter, occupying a position at Hilton Head, South Carolina, issued
an order declaring the States of Georgia, Florida, and South Carolina
under martial law. On May 9th the same officer issued another order,
declaring "the persons held as slaves in those States to be for ever
free." The Executive of the United States, on May 19th, issued a
proclamation declaring the order to be void, and said:
"I further make known that, whether it be competent for me as
commander-in-chief of the army and navy to declare the slaves of any
State or States free, and whether at any time or in any case it shall
have become a necessity indispensable to the maintenance of the
Government to examine such supposed power, are questions which, under
my responsibility, I reserve to myself, and which I can not feel
justified in leaving to the decision of commanders in the field."
Speaking of this order of Major-General Hunter soon afterward,
President Lincoln, in remarks on July 12, 1862, to the border States
Representatives, said:
"In repudiating it, I gave dissatisfaction, if not offense, to many
whose support the country can not afford to lose. And this is not the
end of it. The pressure in this direction is still upon me, and is
increasing."
This pressure consisted in the demand of his extreme partisans that
the whole authority of the Government should be exerted for the
immediate and universal emancipation of the slaves.
By a reference to the statement of the causes of our withdrawal from
the Union of the United States, it will be seen that one of them
consisted in the conviction that the newly elected officers of the
Government would wield its powers for the destruction of the
institutions of the Southern States. The facts already related in
these pages furnish ample proofs of the justice and accuracy of this
conviction.
The time was now close at hand when the mask was to be thrown off,
and, at a single dash of the pen, four hundred millions of our
property was to be annihilated, the whole social fabric of the
Southern States disrupted, all branches of industry to be
disarranged, good order to be destroyed, and a flood of evils many
times greater than the loss of property to be inflicted upon the
people of the South, thus consummating the series of aggressions
which had been inflicted for more than thirty years. All
constitutional protections were to be withdrawn, and the powers of a
common government, created for common and equal protection to the
interests of all, were to be arrayed for the destruction of our
institutions. The President of the United States says: "This is not
the end. The pressure in this direction is still upon me, and is
increasing." How easy it would have been for the Northern people, by
a simple, honest obedience to the provisions of the Constitution, to
have avoided the commission of all these crimes and horrors! For the
law which demands obedience to itself guarantees in return life and
safety. It is not necessary to ask again where the President of the
United States or the Congress found authority for their usurpations.
But it should be remembered that, if the necessity which they pleaded
was an argument to justify their violations of all the provisions of
the Constitution, the existence of such a necessity on their part was
a sufficient argument to justify our withdrawal from union with them.
If necessity on their part justified a violation of the Constitution,
necessity on our part justified secession from them. If the
preservation of the existence of the Union by coercion of the States
was an argument to justify these violent usurpations by the United
States Government, it was still more forcibly an argument to justify
our separation and resistance to invasion; for we were struggling for
our natural rights, but the Government of the United States has no
natural rights.
How can a people who glory in a Declaration of Independence which
broke the slumbers of a world declare that men united in defense of
liberty, property, and the pursuit of happiness are "traitors"? Is it
henceforth to be a dictum of humanity that man may no more take up
arms in defense of rights, liberty, and property? Shall it never
again in the course of human events become lawful "for one people to
dissolve the political bands which have connected them with another,
and to assume among the powers of the earth the separate and equal
station to which the laws of nature and of nature's God entitle
them"? Is the highwayman, henceforth, to be the lord of the highway,
and the poor, plundered traveler to have no property which he may
defend at the risk of the life of the highwayman?
On July 12, 1862, the President of the United States, persistent in
his determination to destroy the institution of slavery, invited the
Senators and Representatives of the border slaveholding States to the
Executive Mansion, and addressed them on emancipation in their
respective States. He said:
"I intend no reproach or complaint when I assure you that, in my
opinion, if you all had voted for the resolution in the gradual
emancipation message of last March, the war would now be
substantially ended. And the plan therein proposed is yet one of the
most potent and swift means of ending it. Let the States which are in
rebellion see definitely and certainly that in no event will the
States you represent ever join their proposed confederacy, and they
can not much longer maintain the contest. But you can not divest them
of their hope to ultimately have you with them so long as you show a
determination to perpetuate the institution within your own States.
Beat them at elections as you have overwhelmingly done, and, nothing
daunted, they still claim you as their own. You and I know what the
lever of their power is. Break that lever before their faces, and
they can shake you no more for ever."
He further said that the incidents of the war might extinguish the
institution in their States, and added:
"How much better for you as seller and the nation as buyer to sell
out and buy out that without which the war could never have been,
than to sink both the thing to be sold and the price of it in cutting
one another's throats!"
The reply of the majority, consisting of twenty of the twenty-nine
Senators and Representatives, subsequently made to the President, is
worthy of notice. They said that they were not of the belief that
funds would be provided for the object, or that their constituents
would reap the fruits of the promise held out, and added:
"The right to hold slaves is a right appertaining to all the States
of the Union. They have the right to cherish or abolish the
institution, as their tastes or their interests may prompt, and no
one is authorized to question the right, or limit its enjoyment. And
no one has more clearly affirmed that right than you have. Your
inaugural address does you great honor in this respect, and inspired
the country with confidence in your fairness and respect for law."
After asserting that a large portion of our people were fighting
because they believed the Administration was hostile to their rights,
and was making war on their domestic institutions, they further said:
"Remove their apprehensions; satisfy them that no harm is intended to
them and their institutions; that this Government is not making war
on their rights of property, but is simply defending its legitimate
authority, and they will gladly return to their allegiance."
This measure of emancipation with compensation soon proved a failure.
A proposition to appropriate five hundred thousand dollars to the
object was voted down in the United States Senate with great
unanimity. The Government was, step by step, "educating the people"
up to a proclamation of emancipation, so as to make entire abolition
one of the positive and declared issues of the contest.
The so-called pressure upon the President was now organized for a
final onset. The Governors of fifteen States united in a request that
three hundred thousand more men should be called out to fill up the
reduced ranks, and it was done. The anti-slavery press then entered
the arena. Charges were made against the President, in the name of
"Twenty millions of people, that a groat proportion of those who
triumphed in his election were sorely disappointed and deeply pained
by the policy he seemed to be pursuing with regard to the slaves of
the rebels."
This is a simple statement of the progress of events, and it shows to
the world how well founded were our apprehensions, at the hour of its
election, that the Administration intended the destruction of our
property and community independence. They further said:
"You are strangely and disastrously remiss in the discharge of your
official and imperative duty with regard to the emancipation
provisions of the new confiscation act."
They further boldly added:
"We complain that the Union cause has suffered, and is now suffering,
immensely from mistaken deference to rebel slavery. Had you, sir, in
your inaugural address, unmistakably given notice that, in case the
rebellion already commenced was persisted in, and your efforts to
preserve the Union and enforce the laws should be resisted by armed
force, you would recognize no loyal person as rightfully held in
slavery by a traitor, we believe the rebellion would therein have
received a staggering if not fatal blow."
The President replied at length, saying:
"I shall do less whenever I shall believe what I am doing hurts the
cause, and I shall do more whenever I shall believe doing more will
help the cause. I shall try to correct errors when shown to be
errors; and I shall adopt new views so fast as they shall appear to
be true views. I have here stated my purpose according to my view of
official duty; and I intend no modification of my oft-expressed
personal wish that all men everywhere could be free."
The education of the conservative portion of the Northern people up
to emancipation was becoming more complete every day, notwithstanding
the professed reluctance of the President. Another call for three
hundred thousand men was made, but enlistments were slow, so that
threats of a draft and most liberal bounties were required. The
champions of emancipation sought to derive an advantage from this
circumstance. They asserted that the reluctance of the people to
enter the army was caused by the policy of the Government in not
adopting bold emancipation measures. If such were adopted, the
streets and by-ways would be crowded with volunteers to fight for the
freedom of the "loyal blacks," and thrice three hundred thousand
could be easily obtained. They said that slavery in the seceded
States should be treated as a military question; it contributed
nearly all the subsistence which supported the Southern men in arms,
dug their trenches, and built their fortifications. The watchword
which they now adopted was, "The abolition of slavery by the force of
arms for the sake of the Union."
Meantime, on September 13th, a delegation from the so-called
"Christians" in Chicago, Illinois, presented to President Lincoln a
memorial, requesting him to issue a proclamation of emancipation, and
urged in its favor such reasons as occurred to their minds. President
Lincoln replied:
"What good would a proclamation of emancipation from me do,
especially as we are now situated? I do not want to issue a document
that the whole world would see must necessarily be inoperative, like
the Pope's bull against the comet. Would my word free the slaves,
when I can not even enforce the Constitution in the rebel States? Is
there a single court, or magistrate, or individual that would be
influenced by it there? And what reason is there to think it would
have any greater effect upon the slaves than the late law of Congress
which I approved, and which offers protection and freedom to the
slaves of rebel masters who come within our lines? Yet I can not
learn that that law has caused a single slave to come over to us. And
suppose they could be induced by a proclamation of freedom from me to
throw themselves upon us, what should we do with them? How can we
feed and care for such a multitude? . . .
"If, now, the pressure of the war should call off our forces from New
Orleans to defend some other point, what is to prevent the masters
from reducing the blacks to slavery again? . . . Now, then, tell me,
if you please, what possible result of good would follow the issuing
of such a proclamation as you desire? I have not decided against a
proclamation of liberty to the slaves, but hold the matter under
advisement."
Nine days after these remarks were made--on September 22, 1862--the
preliminary proclamation of emancipation was issued by the President
of the United States. It declared that at the next session of
Congress the proposition for emancipation in the border slaveholding
States would be again recommended, and that on January 1, 1863--
"All persons held as slaves within any State or designated part of a
State, the people whereof shall then be in rebellion against the
United States, shall be then, thenceforward, and for ever free; and
the Executive Government of the United States, including the military
and naval authority thereof, will recognize and maintain the freedom
of such persons, and will do no act or acts to repress such persons,
or any of them, in any efforts they may make for their actual
freedom."
Also, all persons engaged in the military and naval service were
ordered to obey and enforce the article of war and the sections of
the confiscation act before mentioned. On January 1, 1863, another
proclamation was issued by the President of the United States
declaring the emancipation to be absolute within the Confederate
States, with the exception of a few districts. The closing words of
the proclamation were these:
"And upon this act, sincerely believed to be an act of justice,
warranted by the Constitution upon military necessity, I invoke the
considerate judgment of mankind and the gracious favor of Almighty
God."
Let us test the existence of the military necessity here spoken of by
a few facts. The white male population of the Northern States was
then 13,690,364. The white male population of the Confederate States
was 5,449,463. The number of troops which the United States had
called into the field exceeded one million men. The number of troops
which the Confederate Government had then in the field was less than
four hundred thousand men. The United States Government had a navy
which was only third in rank in the world. The Confederate Government
had a navy which at that time consisted of a single small ship on the
ocean. The people of the United States had a commerce afloat all over
the world. The people of the Confederate States had not a single port
open to commerce. The people of the United States were the rivals of
the greatest nations in all kinds of manufactures. The people of the
Confederate States had few manufactures, and those were of articles
of inferior importance. The Government of the United States possessed
the Treasury of a Union of eighty years with its vast resources. The
Confederate States had to create a Treasury by the development of
financial resources. The ambassadors and representatives of the
former were welcomed at every court in the world. The representatives
of the latter were not recognized anywhere.
Thus the consummation of the original antislavery purposes was
verbally reached; but even that achievement was attended with
disunion, bloodshed, and war. In the words of the Declaration of
Independence:
"We hold these truths to be self-evident, that, whenever any form of
government becomes destructive of these ends" (life, liberty, and the
pursuit of happiness), "it is the right of the people to alter or to
abolish it, and to institute a new government, laying its foundation
on such principles, and organizing its powers in such form, as to
them shall seem most likely to effect their safety and happiness. . . .
When a long train of abuses and usurpations, pursuing invariably
the same object, evinces a design to reduce them under absolute
despotism, it is their right, it is their duty, to throw off such
government, and to provide new guards for their future security."
It is thus seen what the United States Government did, and our view
of this subject would not be complete if we should omit to present
their solemn declarations of that which they intended to do. In his
proclamation of April 15, 1861, calling for seventy-five thousand
men, the President of the United States Government said:
"In any event, the utmost care will be observed, consistently with
the objects aforesaid, to avoid any devastation, any destruction of
or interference with property, or any disturbance of peaceful
citizens in any part of the country."
On the 22d of July, 1861, Congress passed a resolution relative to
the war, from which the following is an extract:
"That this war is not waged on our part in any spirit of oppression,
or for any purpose of conquest or subjugation, or purpose of
overthrowing or interfering with the rights or established
institutions of those [Confederate] States; but to defend and
maintain the supremacy of the Constitution, and to preserve the Union
with all the dignity, equality, and rights of the several States
unimpaired; and that, as soon as these objects are accomplished, the
war ought to cease."
The vote in favor of the resolution was: in the Senate, yeas 30, nays
4; in the House of Representatives, yeas 117, nays 2.
It may further be observed that these proclamations cited above
afforded to our whole people the complete and crowning proof of the
true nature of the designs of the party which elevated to power the
person then occupying the Presidential chair at Washington, and which
sought to conceal its purposes by every variety of artful device and
by the perfidious use of the most solemn and repeated pledges on
every possible occasion. A single example may be cited from the
declaration made by President Lincoln, under the solemnity of his
oath as Chief Magistrate of the United States, on March 4, 1861:
"Apprehension seems to exist among the people of the Southern States
that, by the accession of a Republican Administration, their property
and their peace and personal security are to be endangered. There has
never been any reasonable cause for such apprehensions. Indeed, the
most ample evidence to the contrary has all the while existed and
been open to their inspection. It is found in nearly all the public
speeches of him who now addresses you. I do but quote from one of
those speeches when I declare that I have no purpose, directly or
indirectly, to interfere with the institution of slavery in the
States where it exists. I believe I have no lawful right to do so,
and I have no inclination to do so. Those who nominated and elected
me did so with full knowledge that I had made this and many similar
declarations, and had never recanted them. And more than this, they
placed in the platform for my acceptance, and as a law to themselves
and to me, the clear and emphatic resolution which I now read:
"_Resolved_, That the maintenance inviolate of the rights of the
States, and especially the right of each State to order and control
its own domestic institutions according to its own judgment
exclusively, is essential to that balance of power on which the
perfection and endurance of our political fabric depend, and we
denounce the lawless invasion by armed force of the soil of any State
or Territory, no matter under what pretext, as among the gravest
crimes."
Nor was this declaration of the want of power or disposition to
interfere with our social system confined to a state of peace. Both
before and after the actual commencement of hostilities, the
Executive of the United States repeated in formal official
communications to the Cabinets of Great Britain and France, that it
was utterly without constitutional power to do the act which it
subsequently committed, and that in no possible event, whether the
secession of these States resulted in the establishment of a separate
Confederacy or in the restoration of the Union, was there any
authority by virtue of which it could either restore a disaffected
State to the Union by force of arms, or make any change in any of its
institutions. I refer especially for the verification of this
assertion to the dispatches addressed by the Secretary of State of
the United States, under direction of the President, to the Ministers
of the United States at London and Paris, under date of the 10th and
22d of April, 1861.
This proclamation was therefore received by the people of the
Confederate States as the fullest vindication of their own sagacity
in foreseeing the uses to which the dominant party in the United
States intended from the beginning to apply their power.
For what honest purpose were these declarations made? They could
deceive no one who was familiar with the powers and duties of the
Federal Government; they were uttered in the season of invasion of
the Southern States, to coerce them to obedience to the agent
established by the compact between the States, for the purpose of
securing domestic tranquillity and the blessings of liberty. The
power to coerce States was not given, and the proposition to make
that grant received no favor in the Convention which formed the
Constitution; and it is seen by the proceedings in the States, when
the Constitution was submitted to each of them for their ratification
or rejection as they might choose, that a proposition which would
have enabled the General Government, by force of arms, to control the
will of a State, would have been fatal to any effort to make a more
perfect Union. Such declarations as those cited from the diplomatic
correspondence, though devoid of credibility at home, might avail in
foreign countries to conceal from their governments the real purpose
of the action of the majority. Meanwhile, the people of the
Confederacy plainly saw that the ideas and interests of the
Administration were to gain by war the empire that would enable it to
trample on the Constitution which it professed to defend and maintain.
It was by the slow and barely visible approaches of the serpent
seeking its prey that the aggressions and usurpations of the United
States Government moved on to the crimes against the law of the
Union, the usages of war among civilized nations, the dictates of
humanity and the requirements of justice, which have been recited.
The performance of this task has been painful, but persistent and
widespread misrepresentation of the cause and conduct of the South
required the exposure of her slanderer. To unmask the hypocrisy of
claiming devotion to the Constitution, while violating its letter and
spirit for a purpose palpably hostile to it, was needful for the
defense of the South. In the future progress of this work it will be
seen how often we have been charged with the very offenses committed
by our enemy--offenses of which the South was entirely innocent, and
of which a chivalrous people would be incapable. There was in this
the old trick of the fugitive thief who cries "Stop thief!" as he
runs.
In his message to Congress one year later, on December 8, 1863, the
President of the United States thus boasts of his proclamation:
"The preliminary emancipation proclamation, issued in September, was
running its assigned period to the beginning of the new year. A month
later the final proclamation came, including the announcement that
colored men of suitable condition would be received into the war
service. The policy of emancipation and of employing black soldiers
gave to the future a new aspect, about which hope and fear and doubt
contended in uncertain conflict. According to our political system,
as a matter of civil administration, the General Government had no
lawful power to effect emancipation in any State, and for a long time
it had been hoped that the rebellion could be suppressed without
resorting to it as a military measure. . . . Of those who were slaves
at the beginning of the rebellion, full one hundred thousand are now
in the United States military service, about one half of which number
actually bear arms in the ranks, thus giving the double advantage of
taking so much labor from the insurgent cause, and supplying the
places which otherwise must be filled with so many white men. So far
as tested, it is difficult to say they are not as good soldiers as
any."
Let the reader pause for a moment and look calmly at the facts
presented in this statement. The forefathers of these negro soldiers
were gathered from the torrid plains and malarial swamps of
inhospitable Africa. Generally they were born the slaves of barbarian
masters, untaught in all the useful arts and occupations, reared in
heathen darkness, and, sold by heathen masters, they were transferred
to shores enlightened by the rays of Christianity. There, put to
servitude, they were trained in the gentle arts of peace and order
and civilization; they increased from a few unprofitable savages to
millions of efficient Christian laborers. Their servile instincts
rendered them contented with their lot, and their patient toil
blessed the land of their abode with unmeasured riches. Their strong
local and personal attachment secured faithful service to those to
whom their service or labor was due. A strong mutual affection was
the natural result of this life-long relation, a feeling best if not
only understood by those who have grown from childhood under its
influence. Never was there happier dependence of labor and capital on
each other. The tempter came, like the serpent in Eden, and decoyed
them with the magic word of "freedom." Too many were allured by the
uncomprehended and unfulfilled promises, until the highways of these
wanderers were marked by corpses of infants and the aged. He put arms
in their hands, and trained their humble but emotional natures to
deeds of violence and bloodshed, and sent them out to devastate their
benefactors. What does he boastingly announce?--"It is difficult to
say they are not as good soldiers as any." Ask the bereaved mother,
the desolate widow, the sonless aged sire, to whom the bitter cup was
presented by those once of their own household. With double anguish
they speak of its bitterness. What does the President of the United
States further say?--"According to our political system, as a matter
of civil administration, the General Government had no lawful power
to effect emancipation in any State." And further on, as if with a
triumphant gladness, he adds, "Thus giving the double advantage of
taking so much labor from the insurgent cause, and supplying the
places which otherwise must be filled with so many white men." A rare
mixture of malfeasance with traffic in human life! It is submitted to
the judgment of a Christian people how well such a boast befits the
President of the United States, a federation of sovereigns under a
voluntary compact for specific purposes.
[Footnote 52: Article I, section 10.]