FREE BOOKS

Author's List




PREV.   NEXT  
|<   570   571   572   573   574   575   576   577   578   579   580   581   582   583   584   585   586   587   588   589   590   591   592   593   594  
595   596   597   598   599   >>  
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 t
PREV.   NEXT  
|<   570   571   572   573   574   575   576   577   578   579   580   581   582   583   584   585   586   587   588   589   590   591   592   593   594  
595   596   597   598   599   >>  



Top keywords:

property

 
compensation
 

private

 

legislation

 
slavery
 

public

 
absolute
 

United

 

States

 

Constitution


descent

 

legislative

 

government

 

original

 

adjudges

 

ESTABLISH

 

fundamental

 
passing
 

receive

 

disposal


depository
 

CANNOT

 
question
 
JUSTICE
 

subject

 

repeal

 

wholly

 

respects

 
affected
 

entailments


control

 
alienation
 

possession

 

preamble

 

declares

 

organization

 

Persons

 

classes

 

illustrate

 

acknowledged


Congress

 

making

 

escheat

 

transmitted

 

object

 
limitation
 

losses

 
statutes
 

distribution

 

forstalled