Governor Barbour, of Virginia, in his speech in the U.S. Senate, on the

Missouri question, Jan. 1820, said:--"We are asked why has Virginia

_changed her policy_ in reference to slavery? That the sentiments of

_our most distinguished men_, for thirty years _entirely corresponded_

with the course which the friends of the restriction (of slavery in

Missouri) now advocated; and that the Virginia delegation, one of whom

was the late President of the United States, voted for the restriction,

(of slavery) in the northwestern territory, and that Mr. Jefferson has

delineated a gloomy picture of the baneful effects of slavery. When it

is recollected that the Notes of Mr. Jefferson were written during the

progress of the revolution, it is no matter of surprise that the writer

should have imbibed a large portion of that enthusiasm which such an

occasion was so well calculated to produce. As to the consent of the

Virginia delegation to the restriction in question, whether the result

of a disposition to restrain the slave trade indirectly, or the

influence of that enthusiasm to which I have just alluded, * *

* * it is not now important to decide. We have witnessed its

effects. The liberality of Virginia, or, as the result may prove, her

folly, which submitted to, or, if you will, PROPOSED _this measure_,

(abolition of slavery in the N.W. territory) has eventuated in effects

which speak a monitory lesson. _How is the representation from this

quarter on the present question?_"

Mr. Imlay, in his early history of Kentucky, p. 185, says: "We have

disgraced the fair face of humanity, and trampled upon the sacred

privileges of man, at the very moment that we were exclaiming against

the tyranny of your (the English) ministry. But in contending for the

birthright of freedom, we have learned to feel _for the bondage of

others_, and in the libations we offer to the goddess of liberty, we

_contemplate an emancipation of the slaves of this country_, as

honorable to themselves as it will be glorious to us."

In the debate in Congress, Jan, 20, 1806, on Mr. Sloan's motion to lay a

tax on the importation of slaves, Mr. Clark of Va. said: "He was no

advocate for a system of slavery." Mr. Marion, of S. Carolina, said: "He

never had purchased, nor should he ever purchase a slave." Mr. Southard

said: "Not revenue, but an expression of the _national sentiment_ is the

principal object." Mr. Smilie--"I rejoice that the word (slave) is not

in the constitution; its not being there does honor to the worthies who

would not suffer it to become a _part_ of it." Mr. Alston, of N.

Carolina--"In two years we shall have the power to prohibit the trade

altogether. Then this House will be UNANIMOUS. No one will object to our

exercising our full constitutional powers." National Intelligencer, Jan.

24, 1806.

These witnesses need no vouchers to entitle them to credit; nor their

testimony comments to make it intelligible--their _names_ are their

_endorsers_ and their strong words their own interpreters. We wave all

comments. Our readers are of age. Whosoever hath ears to _hear_, let him

HEAR. And whosoever will not hear the fathers of the revolution, the

founders of the government, its chief magistrates, judges, legislators

and sages, who dared and periled all under the burdens, and in the heat

of the day that tried men's souls--then "neither will he be persuaded

though THEY rose from the dead."

Some of the points established by the testimony are--The universal

expectation that the _moral_ influence of Congress, of state

legislatures, of seminaries of learning, of churches, of the ministers

of religion, and of public sentiment widely embodied in abolition

societies, would be exerted against slavery, calling forth by argument

and appeal the moral sense of the nation, and creating a power of

opinion that would abolish the system throughout the union. In a word,

that free speech and a free press would be wielded against slavery

without ceasing and without restriction. Full well did the south know,

not only that the national government would probably legislate against

slavery wherever the constitution placed it within its reach, but she

knew also that Congress had already marked out the line of national

policy to be pursued on the subject--had committed itself before the

world to a course of action against slavery, wherever she could move

upon it without encountering a conflicting jurisdiction--that the nation

had established by solemn ordinance memorable precedent for subsequent

action, by abolishing slavery in the northwest territory, and by

declaring that it should never thenceforward exist there; and this too,

as soon as by cession of Virginia and other states, the territory came

under Congressional control. The south knew also that the sixth article

in the ordinance prohibiting slavery was first proposed by the largest

slaveholding state in the confederacy--that the chairman of the

committee that reported the ordinance was a slaveholder--that the

ordinance was enacted by Congress during the session of the convention

that formed the United States Constitution--that the provisions of the

ordinance were, both while in prospect, and when under discussion,

matters of universal notoriety and _approval_ with all parties, and when

finally passed, received the vote _of every member of Congress from each

of the slaveholding states_. The south also had every reason for

believing that the first Congress under the constitution would _ratify_

that ordinance--as it _did_ unanimously.

A crowd of reflections, suggested by the preceding testimony, press for

utterance. The right of petition ravished and trampled by its

constitutional guardians, and insult and defiance hurled in the faces of

the SOVEREIGN PEOPLE while calmly remonstrating _with their_ SERVANTS

for violence committed on the nation's charter and their own dearest

rights! Add to this "the right of peaceably assembling" violently

wrested--the rights of minorities, _rights_ no longer--free speech

struck dumb--free _men_ outlawed and murdered--free presses cast into

the streets and their fragments strewed with shoutings, or flourished in

triumph before the gaze of approving crowds as proud members of

prostrate law!

The spirit and power of our fathers, where are they? Their deep homage

always and every where rendered to FREE THOUGHT, with its _inseparable

signs--free speech and a free press_--their reverence for justice,

liberty, _rights_ and all-pervading law, where are they?

But we turn from these considerations--though the times on which we have

fallen, and those towards which we are borne with headlong haste, call

for their discussion as with the voices of departing life--and proceed

to topics relevant to the argument before us.

The seventh article of the amendments to the constitution is alleged to

withhold from Congress the power to abolish slavery in the District. "No

person shall be deprived of life, liberty, or property, without due

process of law." All the slaves in the District have been "deprived of

liberty" by legislative acts. Now, these legislative acts "depriving"

them "of liberty," were either "due process of law," or they were _not_.

If they _were_, then a legislative act, taking from the master that

"property" which is the identical "liberty" previously taken from the

slave, would be "due process of law" _also_, and of course a

_constitutional_ act; but if the legislative acts "depriving" them of

"liberty" were _not_ "due process of law," then the slaves were deprived

of liberty _unconstitutionally_, and these acts are _void_. In that case

the _constitution emancipates them_.

If the objector reply, by saying that the import of the phrase "due

process of law," is _judicial_ process solely, it is granted, and that

fact is our rejoinder; for no slave in the District _has_ been deprived

of his liberty by "a judicial process," or, in other words, by "due

process of law;" consequently, upon the objector's own admission, every

slave in the District has been deprived of liberty _unconstitutionally_,

and is therefore _free by the constitution_. This is asserted only of

the slaves under the "exclusive legislation" of Congress.

The last clause of the article under consideration is quoted for the

same purpose: "Nor shall private property be taken for public use

without just compensation." Each of the 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, the objector 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,

_legalise_ 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, waving 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 since every man's right

to his own body is _paramount_, he shall be protected in it." 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 _condition_ of the slave--makes him

his own _proprietor_ instead of the property of another. It determines a

question of _original right_ between two classes of persons--doing an

act of justice to one, and restraining the other from acts of injustice;

or, in other words, preventing one from robbing the other, by granting

to the injured party the protection of just and equitable laws.

Congress, by an act of abolition, would change the condition of seven

thousand "persons" in the District, but would "take" nothing. To

construe this provision so as to enable the citizens of the District to

hold as property, and in perpetuity, whatever they please, or to hold it

as property in all circumstances--all necessity, public welfare, and the

will and power of the government to the contrary notwithstanding--is a

total perversion of its whole _intent_. The _design_ of the provision,

was to throw up a barrier against Governmental aggrandizement. The right

to "take property" for _State uses_ is one thing;--the right so to

adjust the _tenures_ by which property is held, that _each may have his

own secured to him_, is another thing, and clearly within the scope of

legislation. Besides, if Congress were to "take" the slaves in the

District, it would be _adopting_, not abolishing slavery--becoming a

slaveholder itself, instead of requiring others to be such no longer.

The clause in question, prohibits the "taking" of individual property

for public uses, to be employed or disposed of as property for

governmental purposes. Congress, by abolishing slavery in the District,

would do no such thing. It would merely change the _condition_ of that

which has been recognised as a qualified property by congressional acts,

though previously declared "persons" by the constitution. More than this

is done continually by Congress and every other Legislature. Property

the most absolute and unqualified, is annihilated by legislative acts.

The embargo and non-intercourse act, prostrated at a stroke, a forest of

shipping, and sunk millions of capital. To say nothing of the power of

Congress to take hundreds of millions from the people by direct

taxation, who doubts its power to abolish at once the whole tariff

system, change the seat of Government, arrest the progress of national

works, prohibit any branch of commerce with the Indian tribes or with

foreign nations, change the locality of forts, arsenals, magazines, dock

yards, &c., to abolish the Post Office system, the privilege of patents

and copyrights, &c. 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 recognise

slaves as "PROPERTY" any where, and it does not recognise them in _any

sense_ in the District of Columbia. All allusions to them in the

constitution recognise 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 recognise 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 recognise 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 recognised 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 recognised 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 recognised as

_property_ without qualification. Congress has always refused to grant

compensation for slaves killed or taken by the enemy, even when these

slaves had been impressed into the United States' service. In half a

score of cases since the last war, Congress has rejected such

applications for compensation. Besides, both in Congressional acts, and

in our national diplomacy, slaves and property are not used as

convertible terms. When mentioned in treaties and state papers it is in

such a way as to distinguish them from mere property, and generally by a

recognition of their _personality_. In the invariable recognition of

slaves as _persons_, the United States' constitution caught the mantle

of the glorious Declaration, and most worthily wears it.--It recognizes

all human beings as "men," "persons," and thus as "equals." In the

original draft of the Declaration, as it came from the hand of

Jefferson, it is alleged that Great Britain had "waged a cruel war

against _human_ nature itself, violating its most sacred rights of life

and liberty in the persons of a distant people, carrying them into

slavery, * * determined to keep up a market where MEN should be

bought and sold,"--thus disdaining to make the charter of freedom a

warrant for the arrest of _men_, that they might be shorn both of

liberty and humanity.

The celebrated Roger Sherman, one of the committee of five appointed to

draft the Declaration of Independence, and also a member of the

convention that formed the United States' constitution, said, in the

first Congress after its adoption: "The constitution _does not consider

these persons,_ (slaves,) _as a species of property._"--[Lloyd's Cong.

Reg. v. 1, p. 313.] That the United States' Constitution does not make

slaves "property," is shown in the fact that no person, either as a

citizen of the United States, or by having his domicile within the

United States' government, can hold slaves. He can hold them only by

deriving his power from _state_ laws, or from the laws of Congress, if

he hold slaves within the District. But no person resident within the

United States' jurisdiction, and not within the District, nor within a

state whose laws support slavery, nor "held to service" under the laws

of such state or district, having escaped therefrom, _can be held as a

slave_.

Men can hold _property_ under the United States' government though

residing beyond the bounds of any state, district, or territory. An

inhabitant of the Wisconsin Territory can hold property there under the

laws of the United States, but he cannot hold _slaves_ there under the

United States' laws, nor by virtue of the United States' Constitution,

nor upon the ground of his United States citizenship, nor by having his

domicile within the United States' jurisdiction. The constitution no

where recognizes the right to "slave property," _but merely the fact

that the states have jurisdiction each in its own limits, and that there

are certain "persons" within their jurisdictions "held to service" by

their own laws._

Finally, in the clause under consideration, "private property" is not to

be taken "without _just_ compensation." "JUST!" If justice is to be

appealed to in determining the amount of compensation, let her determine

the _grounds_ also. If it be her province to say _how much_ compensation

is "just," it is hers to say whether _any_ is "just,"--whether the slave

is "just" property _at all_, rather than a "_person_." Then, if justice

adjudges the slave to be "private property," it adjudges him to be _his

own_ property, since the right to one's _self_ is the first right--the

source of all others--the original stock by which they are

accumulated--the principal, of which they are the interest. And since

the slave's "private property" has been "taken," and since

"compensation" is impossible--there being no _equivalent_ for one's

self--the least that can be done is to restore to him his original

private property.

Having shown that in abolishing slavery, "property" would not be "taken

for public use," it may be added that, in those states where slavery has

been abolished by law, no claim for compensation has been allowed.

Indeed the manifest absurdity of demanding it, seems to have quite

forstalled the _setting up_ of such a claim.

The abolition of slavery in the District, instead of being a legislative

anomaly, would proceed upon the principles of every day legislation. It

has been shown already, that the United States' Constitution does not

recognize slaves as "property." Yet ordinary legislation is full of

precedents, showing that even _absolute_ property is in many respects

wholly subject to legislation. The repeal of the law of entailments--all

those acts that control the alienation of property, its disposal by

will, its passing to heirs by descent, with the question, who shall be

heirs, and what shall be the rule of distribution among them, or whether

property shall be transmitted at all by descent, rather than escheat to

the state--these, with statutes of limitation, and various other classes

of legislative acts, serve to illustrate the acknowledged scope of the

law-making power, even where property _is in every sense absolute_.

Persons whose property is thus affected by public laws, receive from the

government no compensation for their losses, unless the state has been

put in possession of the property taken from them.

The preamble of the United States' Constitution declares it to be a

fundamental object of the organization of the government "to ESTABLISH

JUSTICE." Has Congress _no power_ to do that for which it was made the

_depository of power_? CANNOT the United States' Government fulfil the

purpose _for which it was brought into being_?

To abolish slavery, is to take from no rightful owner his property; but

to "_establish justice_" between two parties. To emancipate the slave,

is to "_establish justice_" between him and his master--to throw around

the person, character, conscience, liberty, and domestic relations of

the one, _the same law_ that secures and blesses the other. In other

words, to prevent by _legal restraints_ one class of men from seizing

upon another class, and robbing them at pleasure of their earnings,

their time, their liberty, their kindred, and the very use and ownership

of their own persons. Finally, to abolish slavery is to proclaim and

_enact_ that innocence and helplessness--now _free plunder_--are

entitled to _legal protection_; and that power, avarice, and lust, shall

no longer gorge upon their spoils under the license, and by the

ministrations of _law_! Congress, by possessing "exclusive legislation

in all cases whatsoever," has a _general protective power_ for ALL the

inhabitants of the District. If it has no power to protect _one_ man, it

has none to protect another--none to protect _any_--and if it _can_

protect _one_ man and is _bound_ to protect him, it _can_ protect

_every_ man--all men--and is _bound_ to do it. All admit the power of

Congress to protect the masters in the District against their slaves.

What part of the constitution gives the power? The clause so often

quoted,--"power of legislation in all cases whatsoever," equally in the

"_case_" of defending the blacks against the whites, as in that of

defending the whites against the blacks. The power is given also by Art.

1, Sec. 8, clause 15--"Congress shall have power to suppress

insurrections"--a power to protect, as well blacks against whites, as

whites against blacks. If the constitution gives power to protect _one_

class against the other, it gives power to protect _either_ against the

other. Suppose the blacks in the District should seize the whites, drive

them into the fields and kitchens, force them to work without pay, flog

them, imprison them, and sell them at their pleasure, where would

Congress find power to restrain such acts? Answer; a _general_ power in

the clause so often cited, and an _express_ one in that cited

above--"Congress shall have power to suppress insurrections." So much

for a _supposed_ case. Here follows a _real_ one. The whites in the

District _are perpetrating these identical acts_ upon seven thousand

blacks daily. That Congress has power to restrain these acts in _one_

case, all assert, and in so doing they assert the power "in _all_ cases

whatsoever." For the grant of power to suppress insurrections, is an

_unconditional_ grant, not hampered by provisos as to the color, shape,

size, sex, language, creed, or condition of the insurgents. Congress

derives its power to suppress this _actual_ insurrection, from the same

source whence it derived its power to suppress the _same_ acts in the

case _supposed_. If one case is an insurrection, the other is. The

_acts_ in both are the same; the _actors_ only are different. In the one

case, ignorant and degraded--goaded by the memory of the past, stung by

the present, and driven to desperation by the fearful looking for of

wrongs for ever to come. In the other, enlightened into the nature of

_rights_, the principles of justice, and the dictates of the law of

love, unprovoked by wrongs, with cool deliberation, and by system, they

perpetrate these acts upon those to whom they owe unnumbered obligations

for _whole lives_ of unrequited service. On which side may palliation be

pleaded, and which party may most reasonably claim an abatement of the

rigors of law? If Congress has power to suppress such acts _at all_, it

has power to suppress them _in_ all.

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