FREE BOOKS

Author's List




PREV.   NEXT  
|<   494   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512   513   514   515   516   517   518  
519   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   538   539   540   541   542   543   >>   >|  
rdered--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 present
PREV.   NEXT  
|<   494   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512   513   514   515   516   517   518  
519   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   538   539   540   541   542   543   >>   >|  



Top keywords:

liberty

 
process
 

District

 

deprived

 

legislative

 

constitution

 
Congress
 

slaves

 

property

 

objector


article

 

judicial

 

unconstitutionally

 

slavery

 

depriving

 

clause

 

taking

 

master

 

identical

 

previously


constitutional
 

purpose

 

private

 

quoted

 

consideration

 

exclusive

 
legislation
 

public

 

similar

 

purport


abolition

 
present
 

constitutions

 

compensation

 
asserted
 

granted

 
rejoinder
 
solely
 
phrase
 

import


admission

 

emancipates

 

withhold

 
rendered
 

homage

 

fathers

 

THOUGHT

 

reverence

 

justice

 

speech