est
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 Declarat